


STATE AND iLO'GAt 



GOVERNMENT OF NEW YORK 



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i ext of its Constitution. 



REVISED EDITION 






1895 



LIB RARY OF jflNGR ESS. 

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UNITED STATES OF AMERICA. 



THE 



STATE AND LOCAL 



GOVERNMENT OF NEW YORK. 

WITH 

THE TEXT OF ITS CONSTITUTION. 

BY 

ORLANDO LEACH. 

REVISED EDITIOX. 

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LEA^.f, SHEWELL, & SAXBORN. 
BOSTON. NEW YORK. CHICAGO. 



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Copyright, 1895, 
By LEACH, SHEWELL, AND SANBORN. 



Nortooofi ^xt%% : 

J. S. Cushingf & Co. — Berwick & Smith, 

Norwood, Mass., U.S.A. 



THE STATE AND LOCAL GOVERNMENT 
OF NEW YORK. 



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This state is the first in population, but the nineteenth 
in area in square miles. It surpasses all the others in the 
extent of its manufacturing and commercial interests, 
while in the value of its agricultural products and live 
stock, it maintains a high rank. 

Educationally it easily takes rank among those states 
most liberal in their provision for both elementary and 
secondary education. School buildings are numerous, well 
built, well equipped with the best modern appliances, and 
well officered by teachers of superior qualifications and 
adaptability for their work. 

Politically the state occupies an interesting and im- 
portant position, not only on account of its size and the 
number of representatives it sends to the seat of the 
general government, but frequently also on account of 
their high character, knowledge of affairs, and experience 
in statesmanship. Moreover, it has long been considered 
a pivotal state in politics, mainly on account of the large 
number of voters, chiefly in the centres of population, who 
act for what they conceive to be the public good and inde- 
pendent of any party ties. 

3 



4 GOVERNMENT OF NEW YORK. 

Financially its metropolis occupies the position of one 
of the few great money centres of the world. The state 
is out of debt. The credit of its cities is of the first 
rank. Its great newspapers are sought for wherever there 
is interest in a complete daily history of the world's 
affairs. 

In arts and sciences its rank is commanding ; in churches 
and hospitals, it will compare favorably with any other 
section or country ; of its works of benevolence and char- 
ity, the needy and those overtaken by sudden calamity in 
any part of the world can speak. 

Its manufactures are to be found in all quarters of the 
globe, and few ports are so remote or unimportant that 
they are not reached by steamers or vessels sailing from its 
harbors, and ladened with its merchandise. 

Historically it is also full of interest to the student. 
Before its occupation by white men it had been peopled 
by Indians, who afterward became known as the Five 
Nations. You have learned in your history that this was 
once a colony controlled by the Dutch, and afterward by 
the English. You have also studied with interest the 
narrative of the trials and hardships which the early 
settlers endured, and the perils they encountered in re- 
deeming this territory from savagery and solitude, and 
in laying the foundations of the Empire State. 

Many of the most exciting events of the war of the 
Revolution transpired in this territory. In the war of 
1812 it was also the scene of many stirring and important 
events. During the late war it sent 438,000 soldiers to 
the field. 

It is divided into sixty counties, and these again are 



CONSTITUTION. 5 

subdivided into townships, which also embrace within 
their territory many incorporated villages and cities. 
There are now (1895) * thirty-six cities, the aggregate 
population of which is more than half that of the whole 
state. 

A Constitution is a written instrument defining the 
fundamental principles upon which a state or other organ- 
ized body of men have agreed for their government. It 
is also sometimes called the organic law. There have 
been four constitutions of the state, each nearly the same 
as its predecessor in its main features. The first was 
framed and adopted in 1777, the second in 1822, the third 
in 1846, and the fourth in 1894. 

These several instruments were framed by the delegates 
chosen by the people, and were adopted by the people 
themselves. The Constitution makes provision for its 
own amendment by a convention, which may be called 
once in twenty years. Such convention for revision and 
amendment was ordered by a popular vote in 1866, and 
again in 1886, but the state authorities did not make pro- 
vision for election of delegates, and take other necessary 
steps for its being held, until 1893. 

The convention was held in 1894, and its work approved 
by the people at the following general election. The 
amended instrument provides for the vote of the people 
being taken upon the question of holding another con- 
vention for further revision in 1916, and every twenty 
years thereafter. 

The legal voters of the state may approve or disapprove 

1 At the general election in November, 1894, it was voted that Brooklyn 
and Long Island City should become a part of " Greater New York." 



b GOVERNMENT OF NEW YORK. 

of any or all acts done by their delegates in a constitu- 
tional convention. Politically, the people are the source 
of all power, and the fundamental law as laid down in the 
Constitution is of their creation. Legislation being less 
far-reaching in its effects, and the objects concerning 
which it is had being so many, the people confer upon 
their representatives in the different departments of gov- 
ernment the power to give it fall force and effect. 

Beside this way of amending the Constitution, there is 
still another way provided. Such amendments may be 
proposed in the Legislature, and if they receive the en- 
dorsement of both houses in two successive legislatures, 
and are then ratified by the people by a constitutional 
majority, they become a part of the fundamental law. 

Individual Rights. — The Constitution very appropri- 
ately commences with a declaration of the rights of citi- 
zens, which it deems inalienable, and which have been 
contended for by freemen, and those struggling to be free, 
since the days of the Magna Charta. They were secured 
to us by our War of Independence. 

The most important of these are : The right to all the 
rights, privileges and immunities of citizenship ; trial by 
jury ; the privilege of the writ of habeas corpus ; exemp- 
tion from excessive bail or fines and cruel or unusual 
punishments, and from unreasonable search or seizure of 
person or property ; or deprivation of life, liberty or prop- 
erty, without due process of law and freedom to produce 
witnesses ; just compensation for all private property 
taken for public uses ; free speech ; a free press ; and free 
assemblage peaceably for discussion, or to petition the 
government. 



VOTERS. 7 

Voters. — Suoh persons are qualified to vote at all gen- 
eral elections as are male citizens of the age of twenty- 
one years. Such citizenship must have been for a period 
of ninety days preceding an election, and the person must 
also have resided in the state for one year, the county four 
months, and thirty days in the election district where he 
may offer his vote. The several periods named must be 
those immediately preceding an election at which a vote 
is to be taken. Women may vote at school meetings, but 
at no other elections. 

A person is said to "gain a residence" in the periods 
named. A student at a seminary does not gain a resi- 
dence there ; and a sailor upon the seas does not lose a 
residence, however long his absence. An alien cannot 
gain a residence, no matter how long he may live in a 
place or state. He must first become a citizen by renounc- 
ing fealty to any foreign power, and swearing allegiance 
to our government. 

Residence must be continuous, yet travellers do not lose 
theirs by being away from home. A person is disqualified 
to vote if he has directly or indirectly offered another a 
valuable consideration for his vote, or if he has made a 
wager with him upon the result of any election, or is 
directly or indirectly interested in any bet that is pending 
upon its result. It is also as unlawful to hold out any in- 
ducement to withhold a vote as it is to induce one to vote 
in any particular way. Any person convicted of heinous 
crime is disqualified from voting, unless pardoned by the 
Governor and restored to citizenship by the act of pardon. 
Neither educational nor property qualifications are re- 
quired. All elections must be by ballot, except that it may 
be provided by law otherwise in case of some town officers. 



8 GOVERNMENT OF NEW YORK. 

Methods have been provided by law to secure secrecy 
in voting. A modified form of what is known as the 
Australian ballot system is now in force in this state. All 
ballots are provided at public expense. A full set of- them 
having the names of all the candidates to be voted for at 
any election is given to each voter by the Board of Regis- 
try. He must then enter alone one of the booths prepared 
for voters, where he can select and arrange the ballots he 
will cast. All the other ballots he must fold in the same 
manner as his own, and these he must return to the poll 
clerk. 

Each booth is provided with pencils, pens, ink and 
paper, so that the voter may make any changes in his 
ballots to make them more to his mind. Should a quali- 
fied voter make oath that he is physically unable to prepare 
his ballots, he may have assistance. No electioneering is 
allowed within one hundred fifty feet of any polling place. 
All places where intoxicating liquors are sold are to be 
strictly closed on election day. 

In all the cities and in villages having 5000 inhabitants 
or more, all voters, in order to be properly qualified, must 
personally register their names at least ten days prior to 
any election. In other parts of the state they must also 
be registered, but such registry does not generally need 
to be renewed except in case of a change of residence. 

Boards of Registry must be equally divided between 
the parties casting the highest, and the next to the highest, 
number of votes at the preceding general election. These 
Boards are also charged with the duty of receiving, record- 
ing, counting and making returns of the ballots in their 
several election districts according to law. 



THE LEGISLATURE. 9 

Except in the cities of the third class, having 50,000 
population or less, the time of electing city, village and 
town officers is the same as that of the annual state elec- 
tion, which occurs on the Tuesday after the first Monday 
in November. If a person's right to vote is challenged, 
he may deposit his ballot on taking oaths required by law. 

The polls are closed at sunset, when the votes must be 
counted at once b>y the inspectors of the election, a record 
made of the same and certified to by them, and then the 
ballots are destroyed. The candidate having the greatest 
number of votes for any office is declared elected. This is 
election by a plurality: it is not required that any one 
should have a majority of all the votes cast. 

The Legislative power of the state is vested in one 
body, which is divided into two branches, called the Senate 
and Assembly. For the purposes of election the state is 
divided into Senate and Assembly districts, 1 each of which 
should respectively contain a nearly equal population, not 
including aliens. It is stipulated, however, that no county 
shall be divided in forming a Senate district, unless it is 
entitled to two or more senators, and no township in the 
formation of an Assembly district; in each case the terri- 
tory must be convenient and contiguous. 

The Senate, after Jan. 1, 1896,1s to consist of fifty mem- 
bers. But if any county has three or more senators, and 
it is found at the time of any apportionment that it is enti- 
tled to an additional senator or senators by the established 
ratio, they shall be given to it and the number of members 
will be increased to that extent. No county can have 
more than one-third of the whole number of senators. 

1 For a list of these, see pages 129, 130. 



10 GOVERNMENT OF NEW YORK. 

No county can have more than four unless it has a full 
ratio for each one. No two counties can have more than 
half the whole number of senators, if they are adjoining 
counties, or if they are separated only by public waters. 

The senators elected in 1895 will hold office for three 
years ; their successors will be chosen for two years. 
After the next session of the Legislature the membership 
of the Assembly will be one hundred and fifty. 

Each county, except Hamilton, is entitled to at least 
one member of the Assembly. The boundaries of the 
several districts are liable to changes after each decennial 
enumeration, to correspond with changes in the population. 

An apportionment by the Legislature or any other body 
is subject to review by the Supreme Court at the suit 
of any citizen, under such regulations as the Legislature 
may prescribe. Such a cause is to have precedence over 
all other causes and proceedings. 

The compensation of members is fixed at 11500 per 
annum, with some small addition for travelling expenses 
in going and returning once for each session. The Legis- 
lature meets for its annual session on the first Wednesday 
in January. 

It may meet in special session at any time upon call of 
the Governor, but at such times it can legislate only upon 
those matters for which it was convened. The political 
year and the legislative term begin on the first day of the 
year. 

A member cannot accept any other office in the gift of 
the state, or from any city government, or from the gov- 
ernment of the United States during his term. A citizen 
is not eligible to election, who within one hundred days 
previous to it has been a member of Congress, or a civil 



BILLS. 11 

or military officer of the United States, or held office under 
any city government. His acceptance of any other ap- 
pointment or election to office under any government 
would vacate his seat. 

Each house is the judge of the returns and qualifications 
of its own members, and makes its own rules of order and 
procedure. A majority constitutes a quorum, and is nec- 
essary to the transaction of business. The Senate is pre- 
sided over by the Lieutenant-Governor. Its other officers, 
including its President and committees, are of its own 
selection. The Assembly chooses all its officers, first elect- 
ing one of its own members by ballot as presiding officer, 
who is called the Speaker ; he appoints all the committees 
of this body. 

The Clerk of the previous Assembly calls that body to 
order. His list of members is made from those having 
certificates regular in form on file in the office of the Sec- 
retary of State. His services are continued until his 
successor is elected. The clerk, sergeant-at-arms and 
other necessary officers are not members of the body they 
serve. The Secretary of State usually administers the 
oath to the members. 

All the proceedings of the Legislature are public, and 
each house keeps a journal which is published, except in 
any case the public welfare requires secrecy. In order 
that members may be fearless in discharge of public duty, 
words spoken in debate in either house cannot be called 
in question elsewhere. 

Bills. — No law can be enacted except by a bill, and 
any bill may originate in either house ; but to secure its 
passage, a majority of the members elected to each branch 



12 GOVERNMENT OF NEW YOKK. 

of the Legislature must be agreed upon its exact terms ; 
no amendment is allowed upon its last reading, and the 
vote upon its final passage must be by yeas and nays, 
which are entered on the journal. 

Every bill, before it can become a law, must have been 
printed and been upon the desks of the members in its 
final form for at least three full days prior to its passage. 
There is one exception to this : should the Governor, or 
acting Governor, certify under his hand and the seal of 
the state that the immediate passage is necessary, then it 
may be passed without this restriction. 

The enacting clause of all bills is prescribed by the Con- 
stitution, and is in these words : The people of the State of 
New York, represented in Senate and Assembly, do enact as 
follows : 

Private or local bills must relate to a single subject only. 
For further restrictions upon this body in relation to the 
nature of the bills it may pass, see Constitution, pages 
96, 97, 98. General laws which affect alike all individ- 
uals, associations, corporations and communities, and not 
special enactments granting to any person or association 
any exclusive privilege, immunity or franchise, are either 
enjoined or encouraged by this instrument. Bills creating 
a public debt or charge, or which discharge or commute 
any claim or demand of the state, must be voted upon by 
taking the yeas and nays which shall be recorded upon the 
journals, and three-fifths of either house shall be necessary 
at such times to constitute a quorum. If a bill imposes 
or revives a tax, it must state explicitly the object to 
which the money is to be applied. 

The Annual Appropriation or Supply Bill can embrace 
no provision or enactment that does not relate specifically 



THE EXECUTIVE. 13 

to some particular appropriation in the bill. Any such 
provision or enactment shall be limited in its operation to 
such appropriation. This provision effectually blocks the 
way to objectionable legislation known as " riders " upon 
appropriation bills. 

The Legislature can neither audit nor allow any private 
claim against the state, yet it may appropriate money to 
pay such claims as may have been audited and allowed 
according to law. 

An important duty of the Legislature is the election of 
United States senators. For method of procedure, see 
" Our Republic," page 86. By joint ballot also it elects 
Regents of the University, who are not ex-officio members. 
Certain state officials can only be appointed under approval 
of the Senate ; and this body, in connection with the 
Court of Appeals, may sit as a court to try the Governor, 
judges, or other high officials, if they are impeached by the 
Assembly for high crimes and misdemeanors. 

To facilitate the transaction of business, each house has 
its appropriate committees, to which all bills are referred. 
Public hearings are often given to those who favor or 
oppose such bills. In this way the people reach and influ- 
ence legislation most directly. See pages 92-97 of " Our 
Republic " for usual method of consideration and passage 
of bills. 

The Executive power of the state is vested in a Gov- 
ernor and Lieutenant-Governor, who are elected by the 
people and hold office for two years from the first day of 
January following their election. The time for their elec- 
tion is the same as that of members of the Legislature, viz., 
the Tuesday after the first Monday in November. Any 



14 GOVERNMENT OF NEW YORK. 

citizen of the United States, thirty years of age, and who 
has for five years preceding an election resided in the 
state, is eligible to either office. If there are several can- 
didates, the one having the largest number of votes is 
declared elected. 

The Governor is Commander-in-chief of the militia, and 
of any naval force the state may have. It is his duty to 
give information to the Legislature concerning affairs 
affecting the welfare of the state, and to recommend such 
legislation as he thinks will promote the public good. It 
is also his duty to see that all the laws are faithfully and 
impartially executed. In cases of actual or threatened 
resistance to the civil authorities, of a nature too formid- 
able for them to cope with, it would be his duty to call 
out the militia to assist them ; or perhaps in an extreme 
case to take the preservation of public order wholly into 
the hands of the military power. 

In him is vested the power to grant pardons, or commu- 
tations after conviction and sentence of a criminal, for all 
offences except treason and cases of impeachment. He 
must annually report all such cases, with the facts and his 
action, to the Legislature. 

The Governor is also an important factor in all legisla- 
tion, as he has the power to veto all acts passed by the 
Legislature which, in his judgment, do not tend to pro- 
mote the public good. These irieasures may, however, be 
passed, notwithstanding his objections, if two-thirds of all 
the members of each house approve of them and reaffirm 
them by a yea and nay vote. They then become laws 
the same as if they had received the approval of the 
Governor. 



STATE OFFICIALS. 15 

The Governor has ten days, Sundays excepted, in which 
to consider all bills presented him for his signature. If a 
bill is not returned by him within that time it becomes a 
law the same as if he had approved it, unless the Legis- 
lature, by its adjournment, prevents such return. Such 
bills as are in the hands of the Governor at the adjourn- 
ment of the Legislature fail to become laws, unless he 
shall approve them within thirty days thereafter. If a 
bill appropriates money for different objects, he may ap- 
prove some items and disapprove others. 

By law, he has the appointment of a great number of 
subordinate officers, most of whom, however, are subject 
to confirmation by the Senate. Over some officers he has 
the power of removal or of suspension from their duties 
for misconduct in office. The state provides a furnished 
residence for its Governor, and pays him an annual salary 
of $10,000. 

The Lieutenant-Governor, as we have seen, is presid- 
ing officer of the Senate while it is in session, but has no 
vote in that body, except in case of a tie. In case of the 
death or disability of the Governor, he acts in his stead 
to the end of the term, assuming all the powers and duties 
of that office the same as if elected by the people. 

He is ex-officio one of the Regents of the University 
and member of several State Boards. 

His annual salary as Lieutenant-Governor is $5000. 

The President of the Senate presides over that body 
when the Lieutenant-Governor is absent, or in case of his 
impeachment, or if he should refuse to preside, and dur- 
ing the time he may be acting as Governor. 



16 GOVERNMENT OF NEW YORK. 

The Speaker of the Assembly becomes acting Gover- 
nor in the case of the death or disability of the Governor, 
the Lieutenant-Governor, and the President of the Senate. 
He is also ex-ojficio one of the Commissioners of the Land 
Office. 

The other State Officials who are chosen at the general 
election in November are the x Secretary of State, Comp- 
troller, Treasurer, Attorney-General and a State Engineer 
and Surveyor. These hold office for two years from the 
first day of January next following their election. The 
most of these officers are ex-officio, with the Lieutenant- 
Governor, members of various State Boards; Trustees of 
the Capitol, State Hall, and Idiot Asylum, and Commis- 
sioners of the Land Office and Canal Fund. The Lieu- 
tenant-Governor and Secretary of State are also Regents 
of the University. 

The Secretary of State is keeper of all the records of 
the legislative and executive departments ; he certifies to 
the signature of the Governor, receives the election re- 
turns and furnishes certified copies to county, state and 
United States officials. Statistics of pauperism and crime 
and other information it may require are reported by him 
to the Legislature. 

Under his direction a census is to be taken in May and 
June 1895, and every ten years thereafter for the purpose 
of apportionment of senators and assemblymen among 
the subdivisions of the state according to the inhabitants, 
with some restrictions noted on pages 91, 92. 

1 The persons elected to fill these offices at the general election in 1895 
will hold office for three years : their successors will be elected for two 
years. 



STATE OFFICIALS. 17 

The Comptroller looks after the financial affairs of the 
state ; he receives the taxes, negotiates the loans that are 
authorized, examines, audits, and settles accounts due to 
or from the state, reports to the Legislature the annual 
receipts and expenditures, and draws warrants upon the 
Treasurer, who takes charge of the funds collected by the 
Comptroller, and who pays money upon his warrant only. 

The Attorney-General is the law officer of the state, 
giving counsel to the other state officials and to the Legis- 
lature when it is called for. He also prosecutes and defends 
suits to which the state is a party. 

The State Engineer and Surveyor must be a practical 
engineer ; he is the superintendent of all the engineering 
and surveying necessary to be done in connection with 
the canals and the lands of the state. 

The Superintendent of Public Works has charge of 
all matters relating to the repair, navigation, construction 
and improvement of the canals not under the professional 
charge of the State Engineer. He is appointed by the 
Governor, with the consent of the Senate, and he may sus- 
pend or remove him if he thinks public interest requires it. 

2 The Superintendent of State Prisons appoints the 
agents, wardens, physicians and chaplains of the prisons, 
and he supervises their general management and control. 
He is appointed by the Governor, with the consent of the 
Senate, and may be removed by him for cause, but he 

1 The revised Constitution provides for a State Commission of Prisons, 
the specific powers and duties of which are yet to be defined by the 
Legislature. 



18 GOVERNMENT OF NEW YORK. 

must give the Superintendent a copy of the charges 
against him, and give him a hearing in his own defence. 
The prisons are three in number, and are located at Sing 
Sing, Dannemora and Auburn. 

The Superintendent of Insurance is appointed by the 
Governor, with the consent of the Senate, for a term of 
three years, and he must give bonds for the faithful dis- 
charge of his duties. He has general supervision of the 
insurance companies transacting business in this state, 
and annually reports their condition to the Legislature. 
He must not be directly or indirectly interested in any 
insurance company, except as a policy holder. His salary 
is $7000 a year. All the expenses of this department are 
paid out of fees received from insurance companies. 

The Superintendent of Banking is vested with general 
supervision of banks, trust companies, and other moneyed 
corporations operated under the laws of the state. They 
report to him, and he makes two reports each year to the 
Legislature. He holds office for three years, by appoint- 
ment of the Governor with the consent of the Senate. 
He is allowed a deputy, an examiner, and several clerks, 
and his salary is $5000 a year. 

The Board of Claims was constituted in 1883. It con- 
sists of three members appointed by the Governor, with 
the consent of the Senate, who hold office for six years 
and receive an annual salary of $5000, besides $500 each 
in lieu of expenses. This Board superseded the Canal 
Appraisers and the State Board of Audit, and were given 
the jurisdiction in all cases which they formerly had. It 



THE BOARD OF RAILROAD COMMISSIONERS. 19 

can hear and determine all private claims against the 
state, not barred by statute, that have accrued within 
two years prior to the time when the claim was filed, and 
allow what is justly due from the state. The Legislature 
may also authorize it to hear and decide pther claims. 

The Board meets four times a year at Albany, with 
such adjourned meetings there or elsewhere as they may 
determine. 

The Board of Railroad Commissioners was created by 
the Legislature in 1882. The term of office is five years. 
Two of the members must be selected, one from each of 
the chief political parties, and one of these two must be 
experienced in railroad business. The third must have 
the recommendation of the presidents and executive com- 
mittees, or a majority of them, of the Chamber of Com- 
merce, the Board of Trade and Transportation, and the 
National Anti-monopoly League, all of this state. They 
are appointed by the Governor, with the consent of the 
Senate, and each receives an annual salary of $8000. 
Their necessary travelling expenses incurred in the dis- 
charge of their official. duties are repaid them by the state, 
but these cannot exceed in the aggregate $500 per month. 

Their chief officers are a Secretary and a Marshal. The 
Commissioners have a right of entry at all times upon 
the property of any railroad company, but they and their 
clerks and agents are forbidden to accept any gifts, passes 
or other gratuity from them, under penalty of forfeiture 
of office and punishment for misdemeanor. But in the 
discharge of their duties the Board, with necessary agents 
and experts, may travel over any railroads of the state, 
upon passes signed by the Secretary of State. 



20 GOVERNMENT OF NEW YORK. 

The Board must meet at least once in a month at its 
principal office at Albany, keeping a record of its pro- 
ceedings, which is published in the annual report to the 
Legislature. Two members constitute a quorum for the 
transaction of any business. It is the duty of this Board 
to examine into, and keep themselves informed of, the 
condition of all railroads, and the manner in which they 
are operated with reference to the security and accom- 
modation of the public, and their compliance with the 
provisions of their charters and the laws of the state. 
It is its duty to investigate the causes of accidents result- 
ing in loss of lif,e or injury to persons. 

It has the power to examine all books and papers of 
railroad corporations, to subpoena witnesses and adminis- 
ter oaths to them ; and it is the duty of the officers and 
agents of the companies to afford them every facility for 
gaining necessary information, under penalty of punish- 
ment for a misdemeanor. If a commissioner secretly 
reveals anything about one railroad to another, he will 
be adjudged guilty of a misdemeanor. 

If the Board find that a railroad is operated in violation 
of its charter, or in a way that they consider to be hostile 
to the public interest or convenience, it is their duty to 
give notice to the company ; and if they still persist in 
wrong doing, the Board presents a full statement of the 
facts to the Attorney- General, who will take such action 
as he thinks necessary to protect the public interests. 

The annual expenses of the Board cannot exceed 
$50,000, and this sum is paid out of the State Treasury. 
But in July of each year the railroad companies are as- 
sessed by the Comptroller and State Assessors their just 
proportion of this amount, or so much of it as has been 
expended, according to law. 



THE CIVIL SERVICE COMMISSION. 21 

The Civil Service Commission was organized in May, 
1883. There are three members who are appointed by 
the Governor, with the consent of the Senate, and they 
may be removed, and their successors appointed in the 
same way. Only two of them can be adherents of the 
same political party. During the time they are members 
of this Commission they can hold no other office under the 
state. . The salary of each one is 12000 a year, and his 
necessary travelling expenses in the discharge of his duty 
are paid. 

They appoint a Chief Examiner at a salary of 13600 a 
year, with necessary travelling expenses ; a Secretary, who 
may be one of their own number, with a salary of $1000 
a year ; a stenographer, messenger, and such other assist- 
ants as are needed. 

It is the duty of the Commission to aid the Governor 
in preparing suitable rules for carrying the act which 
creates it into effect. These rules provide for open com- 
petitive examinations for testing the fitness of candidates 
for public service. The examinations must be practical, 
and fairly test the relative capacity and qualifications of 
the applicants. 

All positions are arranged in classes, and there is a 
period of probation before final appointment. On the 
basis of merit and competition, promotions are made from 
lower grades to higher. Political belongings and obliga- 
tions are in nowise to be considered, either in making the 
original appointment, or upon promotion. Any member 
of the Commission, or employe, who violates any of its 
rules and regulations is guilty of a misdemeanor for each 
offence. Mayors of cities are required to make rules and 
regulations in accordance with this act. Elective officers, 



22 GOVERNMENT OF NEW YORK. 

laborers, teachers and such subordinates of an elected 
officer as he is financially responsible for are exempt from 
its operation. Also honorably discharged soldiers and 
sailors who served in the late Civil War, who are citizens 
and residents of this state, are entitled to preference both 
in appointment and promotion without regard to their 
standing on any examination list. 

All examinations are public, and held under regulations 
that are published, and their results are open to inspection. 
No officer or employe of the state, under penalty of being 
adjudged guilty of a misdemeanor, can directly or indirectly 
endeavor to induce another officer or employe to pay a 
political assessment. Any officer, or any person who is 
seeking- an office, is deemed guilty of bribery, or of an 
attempt at bribery, who corruptly uses, or promises to use, 
official position to secure another an appointment, promo- 
tion or increase of salary. It is adjudged to be the same 
crime if votes are influenced, or any attempt is made to 
influence them, by means of promises of employment, or 
promotion, or by threats of discharge. 

It is the duty of the Commission to inquire into the 
methods of appointment, removal, terms of service, duties, 
compensation and numbers, of all clerks, employes or 
subordinate officers of the state, or of cities or counties 
having a population above 50,000 who are neither ap- 
pointed by the Governor, nor by a mayor, nor elected by 
the people. A majority constitutes a quorum for the 
transaction of business. They have the power to secure 
the attendance of witnesses and the production of books 
and papers. The Commission make an annual report of 
all their doings to the Governor, who transmits it to the 
Legislature. 



THE STATE BOARD OF HEALTH. 23 

The State Board of Health was established in 1880; 
it is composed of nine Commissioners as follows : 

Three are appointed by the Governor. 

The Attorney-General, the Superintendent of the State 
Survey, and the Health Officer of the Port of New York 
are ex-officio members. 

Besides there are three others named by the Governor, 
one of whom must be a Commissioner of the Board of 
Health of New York City, and the other two must have 
the qualifications required for membership of health boards 
of other cities. 

The consent of the Senate is necessary to the appoint- 
ment of the first group of three. Two of these must be 
graduates of legally constituted medical colleges, and 
have had not less than seven years' practice in their 
profession. 

The Commissioners elect a Secretary, who may be one 
of their own number or otherwise, as they elect, but he 
must be skilled in sanitary science, and he is the executive 
officer of the Board. His annual salary is $3000, and he 
is the only one who receives any compensation for his 
services ; but the necessary expenses of all the members, 
incurred while upon official duty, are paid by the state. 

The Board meets once in three months, and as much 
oftener as they deem it necessary. Five members consti- 
tute a quorum for the transaction of business. It is the 
duty of this Board to inquire into the causes of disease, 
especially of epidemics, to investigate the sources of mor- 
tality, and the effects of localities, employments and other 
conditions upon the public health. It must collect and 
preserve such information in regard to health, diseases 
and deaths, as will be useful in the discharge of its duties, 



24 GOVERNMENT OF NEW YORK. 

and contribute to the promotion of health, or the security 
of life in the state. 

Copies of the reports of local health boards are sent 
to this Board, together with other useful sanitary in- 
formation. 

It has supervision of the registration of births, mar- 
riages and deaths, and of prevalent diseases. The Gov- 
ernor may require it at any time to examine into nuisances 
affecting the security of life and health in any locality. 
If it finds that such nuisance exists, the Governor may 
order it abated, and it is made the duty of the county 
officers to execute his orders. 

Any local board of health may have a representative 
present, who may take part in the deliberations of the 
State Board when they have under investigation an alleged 
nuisance in that locality. It may employ experts in san- 
itary science to examine buildings and places; but the 
whole sum paid out in one year for this purpose must not 
exceed $5000. The total expenditures are limited to 
115,000 a year ; and an itemized account of the way it is 
expended must appear in the annual report. 

The Commissioners of Quarantine are appointed by 
the Governor, with the consent of the Senate. The term 
is for three years, or until their successors are appointed. 
There are three Commissioners, and each has an annual 
salary of 12500. They must be citizens of the state, and 
residents of New York City. 

The Quarantine establishment consists of warehouses, 
wet docks and wharves, anchorage for vessels, a floating 
hospital, a boarding station, a burying-ground, and resi- 
dences for officers and men. 



THE BUREAU OF LABOR STATISTICS. 25 

The object of quarantine is to prevent the introduction 
of any contagious, infectious or pestilential disease. It 
applies to yellow fever, cholera, typhus or ship fever, and 
small-pox. The general superintendence and control of 
the quarantine establishment, and the care and treatment 
of the sick, is vested in the Health Officer of the Port of 
New York, who is appointed by the Governor, with the 
consent of the Senate, and holds his office for two years, or 
until his successor is appointed. He must be a doctor of 
medicine of good standing, and of at least ten years' expe- 
rience in the practice of his profession. He must also be 
practically familiar with the diseases subject to quaran- 
tine. 

He has the appointment of his deputies, assistants, 
nurses, and all other subordinates, and he can summon 
the assistance of the police force of New York City in any 
^necessary emergency. 

All vessels, persons and merchandise coming from ports 
subject to quarantine are under the rules and orders of 
the Commissioners and Health Officer. Fees are collected 
from masters of vessels, owners of merchandise, and per- 
sons to whom services are rendered. The state usually 
makes a considerable annual appropriation beside, for the 
care and maintenance of its property. 

The Health Officer makes an annual report to the Com- 
missioners, which they include in their annual report to 
the Legislature. 

The Bureau of Labor Statistics was established in 
1883. A Commissioner is at the head of the Bureau, who 
is appointed by the Governor for a term of three years by 
the consent of the Senate. He receives a salary of $2500 



26 GOVERNMENT OF NEW YORK. 

a year, and he may appoint a clerk. An allowance is 
also made for other expenses of the office. 

He has power to send for persons and papers and to 
examine witnesses under oath, or to take depositions. 
Employers of labor, in whatever capacity, are obliged 
under penalty, to furnish him such statistics and infor- 
mation within their possession as he may require. 

It is his duty to collect, assort and present to the Legis- 
lature, in an annual report, statistical details relating to all 
departments of labor in the state, especially those relating to 
the commercial, industrial, social and sanitary condition of 
working men, and to the productive industries of the state. 

The office of State Dairy Commissioner was created by 
the laws of 1884. The Commissioner is appointed by the 
Governor, and he may remove him at his pleasure. The 
term of office is two years, and the salary is 13000 a year 
and the necessary expenses incurred in the discharge of 
official duties. 

He appoints such assistant commissioners and employs 
such experts, chemists, agents and counsel as he thinks 
necessary for the proper enforcement of the law. But 
the aggregate expenses of this department cannot exceed 
$30,000 a year. 

He makes an annual report to the Legislature of all 
proceedings and disbursements. It is the duty of the 
Commissioner to prevent the sale of any impure, unwhole- 
some or adulterated milk, or any article of food manu- 
factured from the same. To accomplish this, he has full 
power of access to all places of business, carriages, ves- 
sels and cans used in the manufacture and sale of dairy 
products, or any imitation of them. 



THE COMMISSION OF FISHERIES. 27 

The Agricultural Experiment Station Avas established 
by an act passed in 1880 ; its object is to promote agricult- 
ure in its various branches, by scientific investigation and 
experiment. A Board of Control of nine members, hold- 
ing office for three years each, have the management of 
this institution. The Governor is ex-officio a member. 
Six members are a quorum for the transaction of business. 
All serve without pay ; but the Board may, by vote, pay 
the expenses of members which they incur in attendance 
upon its meetings. 

They annually elect a president from their own number, 
but their secretary and treasurer hold office during their 
pleasure. The treasurer has to give bonds for the faithful 
discharge of his duties. They acquire and hold property 
in the name of the state necessary to accomplish the 
objects of the institution. 

The station is located at Geneva, and it is under the 
oversight and management of a director, who employs 
suitable and competent chemists and other persons neces- 
sary to carry on the work of the station and accomplish 
the objects for which it was instituted. 

The Board makes an annual report to the Legislature 
of its proceedings, receipts and expenditures. The annual 
outlay of the state on behalf of the station is limited to 
$20,000. 

A Commission of Fisheries was established in 1868. 
It is composed of five members appointed by the Governor 
for a term of five years. They serve without pay, and 
expend such sums in prosecuting their work as are appro- 
priated from time to time by the Legislature. It is their 
duty to devise and enforce measures for protecting and 



28 GOVERNMENT OF NEW YORK. 

propagating fish in all the waters in and adjacent to the 
state. Fish-hatcheries, each under charge of a Superin- 
tendent, have been established at five different places, 
and fish-ways have been constructed in many rivers, so 
that fish can migrate to the waters above the dams. 

The Commissioners appoint fifteen fish and game pro- 
tectors, who have to give bonds for the faithful discharge 
of tKeir duties. They must see to the enforcement of the 
laws for the protection and propagation of fish and game. 
Penalties are imposed for the taking of fish near fish-ways, 
and at certain seasons, or by means of seines or nets, and 
for the pollution of the waters of the state. One of the 
Commissioners must be a resident of Long Island, and is 
known as the Shell-Fish Commissioner. 

The Forest Commission was established in 1885. There 
are three members who are appointed by the Governor, 
with the consent of the Senate, the term being for six 
years. They serve without pay, but their expenses in- 
curred in the discharge of their official duties are repaid 
them. 

The Commissioners have charge of the forest preserve, 
which consists of all the wild forest lands owned by the 
state. They make rules for its preservation and to guard 
against its injury from fires and through trespassers. They 
employ a forest warden, forest inspectors and such agents 
as are necessary. These officers may arrest, without war- 
rant, any person found upon the forest preserve violating 
any of the laws for its regulation and preservation. 

It is the duty of the Commission to bring actions, when 
necessary, to recover damages for trespass or injury to the 
preserve, and to recover possession of land wrongfully 



THE STATE BOARD OF CHARITIES. 29 

held or occupied by persons not entitled to them. They 
make an annual report to the Legislature, and besides 
give much information concerning forest fires, death of 
trees through insect ravages, and the influence of forests 
on climate, health, rainfall and water-supply. 

The income from the forest preserve is paid into the 
State Treasury. The expenses of the Commission are 
limited to 115,000. 

The Forest Preserve as now fixed by law, consisting 
of lands now owned or to be hereafter acquired by the 
state, are to be forever kept as wild forest lands. They 
cannot be leased, sold or exchanged, or taken by any 
person or corporation. The timber is not to be sold, 
removed, or destroyed. 

The State Board of Charities was organized in 1867, 
and consists of ten members by appointment, and four — 
the Lieutenant-Governor, the Secretary of State, the Comp- 
troller, and the Attorney-General — members ex-offieio. 
The Commissioners receive no salary, but are reimbursed 
for their necessary expenses. 

They inspect, as often as they think proper, all chari- 
table, reformatory, and correctional institutions, whether 
municipal, county, or state, and whether incorporated or 
not, excepting prisons, inquiring into the care and manage- 
ment of the inmates, and the condition of the buildings 
and grounds. Their power extends to all institutions, 
whether public or private, for the detention and treatment 
of persons of unsound mind. 

The Commissioners are allowed a Secretary and necessary 
clerks, and they make an annual report to the Legislature. 



80 GOVERNMENT OF NEW YORK. 

The office of State Commissioner in Lunacy was created 
by the Legislature in 1873. It is the duty of the Com- 
missioner to examine into and report upon the condition 
of the insane and idiotic, and the management and conduct 
of the institutions and asylums for their custody ; he has 
the power to investigate wrongs and abuses and to require 
them to be remedied. There are eight state asylums, be- 
side the county asylums and private institutions ; the 
object of the state is to secure from a competent and ex- 
perienced physician an independent report of their condi- 
tion and the treatment of the inmates, who number about 
15,000. The salary of the Commissioner is $4000. 

The Courts of the state are of four different grades : 
the Court of Appeals, consisting of six judges and a Chief 
Judge ; the Supreme Court in three divisions ; the County 
Court, with one judge for each county ; and Justices of 
the Peace. All the judiciary offices are elective ; the 
Justices of the Peace for a term of four years, the County 
Judges for six years, and the Justices of the Supreme 
Court and Court of Appeals for fourteen years, except 
that it is provided that no judge of the two higher courts 
can hold the position longer than till the last day of 
December after he shall have reached the age of seventy, 
even if the term for which he was elected had not expired. 

A Justice's Court may be held in any town by one of 
its Justices of the Peace. This court has jurisdiction in 
civil cases where the sum at stake is not above $200. 
Minor criminal cases may also be tried here, and the 
penalty awarded. Persons suspected of crimes the grav- 
ity of which is beyond the jurisdiction of this court may 



THE COUNTY COURT. 31 

yet be arrested upon its warrant, and either released on 
bail or committed to await the action of a higher court. 
An appeal may be taken from the Justice's Court to the 
County Court. Trial by jury may be had in this court 
in civil cases. 

The County Court is next above in jurisdiction ; it is 
presided over by the County Judge, and has general juris- 
diction of civil and criminal cases in the county, inter- 
mediate between the Justices' Courts, or District Courts, 
and the Supreme Court. In civil actions its jurisdiction 
is limited to cases where judgment not exceeding $2000 
is demanded, and where both parties are residents of the 
county. All of the jurisdiction formerly exercised by the 
Courts of Sessions is to be vested in the County Courts 
on and after Jan. 1, 1896, except in the County of New 
York, where these courts are continued. Any County 
Judge may hold court in any other county if invited by 
the Judge of that county. The term of office is six years. 
Kings County is to have two Judges, the remaining 
counties one. Trials are before a jury which determines 
questions of fact. 

The County Judge is also Surrogate in many coun- 
ties ; the duties of this office pertain to the proof of 
wills and the proper distribution of the property of de- 
ceased persons. In about half of the counties, however, 
a person is elected to hold this office for the same period 
as the County Judge ; those having a population of more 
than 40,000 elect a Surrogate, whose official duties belong 
to that office alone. The Surrogate's term of office is six 
years, except in the County of New York, where it is 
fourteen years. 



32 GOVERNMENT OF NEW YORK. 

The Supreme Court. — On and after Jan. 1, 1896, 
there will be no Courts of Oyer and Terminer or Circuit 
Courts. There is to be no Court of Common Pleas or 
Superior Court in the city of New York, no City Court 
in Brooklyn, and no Superior Court in Buffalo. The 
several Justices of those courts will become Judges of the 
Supreme Court for their several unexpired terms, and all 
cases pending in those courts will be transferred to the 
Supreme Court for adjudication. These Justices can sit 
only in the counties where elected. 

The Supreme Court is to be composed of the forty-six 
Judges now sitting, of twelve additional Justices to be 
elected at the general election in November 1895, and the 
Judges of the courts to be abolished, seventj^-six in all. 
Of the twelve additional Justices three are to be elected 
in the first district, which is the County of New York, 
three in the second, which includes Brooklyn, and one in 
each of the other six districts. They must be residents 
of the districts in which they are chosen. This court is 
vested with all the jurisdiction and powers of the courts 
and terms that are to be discontinued. The full term of 
office is fourteen years. The divisions of this court are 
Special Term, Trial Term, and Appellate Division. 

The state is divided into four judicial departments, the 
first department being the County of New York ; the other 
three are to be bounded by county lines and to be as com- 
pact and as nearly equal in population as possible. After 
each decennial enumeration, the Legislature may alter these 
departments but may not increase the number. 1 

There is to be an Appellate Division in each depart- 
ment composed of seven Justices in the first, and of five 

1 For Tables of Districts and Departments, see pages 131, 132. 



THE COURT OF APPEALS. 33 

in each of the other three. No more than five Judges 
may sit in any case ; four constitute a quorum, and the 
concurrence of three is necessary to a decision. 

The Governor designates the Justices who constitute 
the Appellate Division, and the Presiding Justice who 
serves during his term of office ; he must be a resident 
of the department. The other Justices hold this appoint- 
ment for five years, and a majority must be residents of 
the department. This Appellate Division is to have all 
the powers now exercised by the General Terms of the 
courts that are to be merged in the Supreme Court and 
such additional jurisdiction as may be conferred by the 
Legislature. No Justice can review in this Division any 
decision made by him in a court of which he was a sitting 
member. 

The Court of Appeals is the highest court in the state. 
As its name implies, it has no original jurisdiction, but can 
only decide in cases of persons dissatisfied with decisions 
of lower courts ; for such it is the court of final resort. 
Its jurisdiction is limited to questions of law except in 
case of criminals sentenced to death. The right to have 
a case reviewed by this court is not limited by the amount 
of money involved. In some cases a unanimous decision 
of the Appellate Division of the Supreme Court is not 
reviewable by the Court of Appeals. 

A case may be appealed from a Justice's Court to a 
County Court, thence to the Supreme Court, and to the 
Appellate Division ; but a case originating below the 
County Court cannot be taken to the Court of Appeals. 
At each stage of the appeal it is competent for the higher 
court to reaffirm or to reverse the decision of the lower 



34 GOVERNMENT OF NEW YORK. 

court, or to grant a new trial. Any five members of the 
Court of Appeals constitute a quorum, and the concur- 
rence of four is necessary to a decision. 

No Justice of the Supreme Court or member of the 
Court of Appeals can hold any other office or public trust. 
A vacancy in either court must be filled at the next gen- 
eral election, and the person so elected will hold office for 
a full term. But until this election is held, either the 
Governor alone, or with the consent of the Senate if it is 
in session, fills the vacancy by appointment, and the one 
so appointed acts as judge until the last day of December 
following the election. 

Judges of the two higher courts may be removed by a 
concurrent vote of two-thirds of all the members elected 
to both houses of the Legislature. Other judicial officers, 
except Justices of the Peace and other judges of courts 
that are not of record, may be removed by a vote of two- 
thirds of the Senate upon the recommendation of the Gov- 
ernor. The reasons for removal must be entered upon the 
journals, and the accused must have a copy of the charges, 
and an opportunity to be heard in his own defence. 

All judicial officers, except Justices of the Peace, who 
are paid by fees that are regulated by law, receive salaries 
fixed by the Legislature, which cannot be diminished dur- 
ing their term of office, and they are prohibited from 
receiving any fee or other perquisite of office. These 
salaries vary from $1000 to $10,000 per annum. The 
salaries of all judges, except those of the two higher 
courts, and all the other expenses of holding these courts, 
are paid by the cities and counties in and for' which such 
courts are held or instituted. 

Local courts may also be established by the Legislature 






THE COURT OF APPEALS. 35 

on application of the Board of Supervisors of a county. 
Other inferior local courts, not of record, having jurisdic- 
tion in both civil and criminal cases may be also estab- 
lished. Such courts can have no equity jurisdiction, or 
greater jurisdiction in other respects than is conferred 
upon the County Courts. Courts of Special Sessions are 
continued. The city of New York is also divided into 
judicial districts in which two justices are elected, or 
appointed, one for the trial of civil cases involving small 
sums, and the other for hearing and determining criminal 
cases. If the offence is a minor one the penalty is 
awarded at once at the discretion of the Justice within 
the limits of the law. If it is of a graver character the 
offender may be remanded for further examination or held 
for the Grand Jury. Courts of similar powers and juris- 
diction are also established for the other cities of the 
state . N 

When any judge reaches the age of seventy he is per- 
manently retired from office on the 31st day of the Decem- 
ber following. But Judges of the Court of Appeals and 
of the Supreme Court elected prior to Jan. 1, 1894, who 
have served not less than ten years, may continue to 
draw their compensation for the remainder of the term. 
No judicial officer, except Justices of the Peace, can 
receive any fees or perquisites. No one is eligible to the 
office of County Judge or Surrogate, except in the County 
of Hamilton, or to be a Justice of the Supreme Court or 
of the Court of Appeals, who is not an Attorney and 
Counsellor of this state. But if hereafter elected in a 
county having a population above 120,000, they cannot 
practise their profession in any court of record, or act as 
referee. 



36 GOVERNMENT OF NEW YORK. 

Jurors are drawn from the body of citizens between the 
ages of twenty-one and sixty. Where there is not a com- 
missioner of jurors, as there is in some cities, the super- 
visor, assessors, and town clerk make up the list. . Some 
citizens are exempt on account of physical or mental in- 
firmities, or because their temporary withdrawal from 
their customary vocations might work injury or hardship 
to numbers of people. Of this class are physicians, 
teachers, locomotive engineers, clergymen, firemen, police- 
men, and some others. Members of the National Guard 
and some others are also exempt, on account of services 
rendered the state in other ways. If all persons liable to 
this duty are summoned impartially, a term of service for 
any one will be short and infrequent. 

Judicial Proceedings. — In all cases before a court 
there are two parties, called the plaintiff and the defendant. 
The former is the prosecutor and the latter defends him- 
self. In civil cases the plaintiff is usually a private person, 
while in criminal trials the state stands in that relation, 
the assumption being that the whole body of the people is 
injured by the crime. 

An action is brought in a Civil Court to compel restora- 
tion of property, or to secure compensation for the infringe- 
ment of one's rights. Suits may be brought to enforce 
payment of a debt or to recover damages to person or 
property. A criminal action is brought to punish a per- 
son for violating a law, and a conviction results in the 
defendant being obliged to pay a fine to the government, 
or to suffer imprisonment, or both perhaps. 

All proceedings in Courts of Record are by means of 
written documents in order that they may be preserved. 



JUDICIAL PROCEEDINGS. 37 

The plaintiff in a civil case procures the first paper from 
the judge, which is called a summons, and this is served 
upon the defendant by a constable or other officer of the 
court, or upon his attorney, who may accept service for 
him. This officer then reports in writing to the court 
what he has done. If the defendant thinks he has a good 
defence to the action he will appear at the appointed time, 
and there will be a trial. If he does not appear in due 
time, judgment may be taken, and execution issued against 
his property at once. 

The court will compel the attendance of witnesses for 
either party to the suit, if necessary, by the issue of sub- 
poenas, which will be served upon the witnesses by an 
officer of the court. Subpoena is literally " under penalty" 
of the law. 

Trials may be before a jury of six men in a justice's 
court, or of twelve in a higher court, or they may be before 
the court alone unless either party to the suit claims his 
right to a jury trial. 

The plaintiff files his formal complaint and the defend- 
ant his answer to the same, which constitutes his ground 
of defence, and these papers are called the pleadings. 
When the two parties substantially agree in the statement 
of the facts the court decides the case without the formal- 
ity of a trial. If they do not agree, then there is an issue 
made, and a trial must be had. The attorney for the 
plaintiff usually begins with a brief statement of his case 
and what he means to prove by his witnesses. He then 
calls them, and they are sworn and examined ; each may 
be cross-examined by the defendant's counsel. The defend- 
ant then briefly states his case if he chooses, and calls his 
witnesses, who are sworn and examined, and in turn cross- 



38 GOVERNMENT OF NEW YORK. 

examined by the plaintiff's counsel. In closing the case, 
the argument of the defence is heard first, then that of the 
plaintiff. If the proceedings are before a jury the judge 
then gives them a summary of the evidence, and the points 
for their decision, and instructions as to their duty. An 
officer of the court then takes the jury to a private room, 
where they deliberate. They must be unanimous in agree- 
ment upon their verdict; if they cannot agree after due 
consideration of the facts, they are discharged from this 
case, and another trial may be had. 

When the jury agree, judgment is entered according to 
their verdict, and the unsuccessful party has to pay the 
costs of the action, it being considered equitable that the 
party in the wrong should pay the legal expenses attend- 
ing the suit. 

The defeated party may, if he will, appeal to a higher 
court, which will examine all the proceedings of the lower 
one to see if any error was committed. If there was an 
error, the judgment is reversed, and a new trial is granted ; 
but if there was no error, the judgment is reaffirmed. If 
there is no higher court to which he can appeal, or if there 
is, and he does not choose to take an appeal to it, and 
if, at the same time, k he does not satisfy the judgment of 
the lower court, a writ called an execution may be issued 
against his property, which may be seized by the sheriff, 
and enough of it sold to pay the judgment. Execution 
against the person can no longer be had. for the collection 
of debts. 

In Criminal Proceedings no person can be held to 
answer for a capital or otherwise infamous crime or for 
other than petty offences, who has not first been indicted 



CRIMINAL PROCEEDINGS. 39 

by a Grrand Jury. This body is composed of citizens of a 
county who are summoned several times a year to inquire 
into crimes that have been committed, or public abuses 
thought to exist, in that jurisdiction. Twenty-four Grand 
Jurors are drawn ; not more than twenty -three and not 
less than sixteen may serve, and at least twelve must con- 
cur in finding a bill. These men are instructed by the 
court as to their duties, and are sworn to inquire, diligently 
and without fear or favor, into all cases that are brought 
before them. The District Attorney prepares formal accu- 
sations against such persons as he thinks guilty of crime, 
or who have been held to bail by a lower court to answer 
in a higher one. Witnesses in support of the accusation 
appear, and are examined. If the Grand Jury, upon the 
evidence thus produced, or a majority of the whole body, 
think there is probable cause to believe the accused guilty, 
a " true bill " is found. This is an indictment, and serves 
as the basis of the action in the court. All the proceed- 
ings in the Grand Jury room are kept secret. 

If the accused has not been before arrested, a warrant 
may then be issued, and he may be placed in jail to await 
trial if the case is not bailable, or if it is, and he is unable 
to produce the required sureties for his appearance when 
wanted. Bailing an accused person consists in giving 
bonds to forfeit to the state a certain sum in case the 
bondsmen are not able to have him appear at the appointed 
time. A prisoner who cannot get bail, and who thinks he 
is unlawfully held, may apply to a higher court for a writ 
of habeas corpus. If the writ is granted, the sheriff, or 
whoever has the person in custody, brings him before that 
court. If his arrest and detention appear to be lawful, he 
is returned to jail ; if not, he is released. 



40 GOVERNMENT OF NEW YORK. 

Upon trial he is furnished with counsel by the state, if 
unable to procure any for himself. He is then arraigned 
by being called upon to plead to the indictment. His 
answer is " guilty " or " not guilty," and this is his " plea." 
He has a right to a trial by a jury, who are sworn to well 
and truly try the issue between the people of the state and 
the defendant, and to render a verdict according to the 
law and the evidence. Both the counsel for the state and 
for the accused have a right to challenge any of the men 
summoned as jurors, on the ground of prejudice, character 
or competency. A certain number of peremptory chal- 
lenges are also allowed. These are challenges for which 
no reason need be given. 

A satisfactory jury being obtained, the District Attorney 
states what he will prove on the part of the state, and calls 
his witnesses, who are sworn and examined ; the accused 
has the privilege of cross-examining them. The counsel 
for the accused then states his case, calls and examines wit- 
nesses, who are cross-examined by the opposing counsel. 
Arguments are then made by both sides, and the judge 
delivers his charge to the jury, giving them their instruc- 
tions and the principles that should govern them in making 
up their verdict. 

If the jury agree, the foreman announces the verdict, 
which is either " guilty," or " not guilty." If they cannot 
agree, they are discharged from the case, and another trial 
must be had. If the accused is declared "not guilty," 
he is discharged ; but if " guilty," the court sentences 
him as the law requires. He is committed to the custody 
of the sheriff if the sentence is imprisonment, or if it be 
a fine, the necessary steps are at once taken to secure 
payment. 



STRUCK JURIES. 41 

Exceptions are sometimes taken by the counsel to the 
admission of evidence ; but if it has been admitted not- 
withstanding, and if the judge allows the exceptions, they 
may be taken to a higher court, where arguments upon 
them are heard from both sides. If the ruling of the 
judge is sustained, the case is returned to the court where 
it was tried, for sentence which has been suspended pend- 
ing this appeal. If the ruling is not sustained, a new 
trial is granted to the prisoner. 

A Struck Jury may be ordered by the Supreme Court 
when it is thought that an impartial trial cannot other- 
wise be had, or when the case is of such a complicated 
nature as to require persons having special knowledge or 
more than average intelligence. 

The Clerk of the Court selects from the jury list the 
names of forty-eight persons whom he thinks most likely 
to be unbiassed, and mentally best equipped to hear the 
case. From this list the parties to the case may each 
alternately strike one until but twenty-four remain. Out 
of the remaining number a jury is selected in the usual 
manner. 

There may be trials of public officers by impeachment. 
The Assembly has the power to impeach by a vote of a 
majority of all its members. They may bring to trial, 
before the majority of the Senate and of the Court of 
Appeals, any state officer not otherwise removable by law. 
An officer thus accused cannot exercise the functions of 
his office until he has been acquitted. No one can be 
convicted without a vote of two-thirds of all the members 
present. Removal from office and disqualification to hold 
any office of honor, profit or trust under the state, are 



42 GOVERNMENT OF NEW YORK. 

the penalties of conviction by impeachment. The person 
may, however, be also indicted and punished in the courts 
according to law. 

A State is one of the equal political units of this 
country, possessed of the powers not delegated by it to 
the Union of States, and which they do not prohibit it to 
exercise. It is a free commonwealth, independent and 
sovereign within its own boundaries for all purposes of 
local government. 

Counties are subdivisions of a state for convenience of 
local government. They are endowed with rights con- 
ferred by the state, and they have duties to perform which 
it imposes. The Legislature may create new counties or 
change the boundaries of those already existing. But no 
new county can be formed that does not contain sufficient 
population for at least one member of the Assembly. The 
Legislature may abolish the County of Hamilton and 
annex its territory to some other county or counties. 

The County. — Among the most recognizable differ- 
ences in ways and means of local government, the rela- 
tions of the county to the general system is one of the 
most marked. In the south, and to some extent in the 
west, counties are important political units, and generally 
in the Middle States they are vested with greater powers 
and exercise higher functions as political divisions than 
do the towns. In New England, on the contrary, the 
town is the important political unit, and the town meet- 
ing a powerful legislative body, controlling local affairs 
that are, in this state, in the hands of a representative 
body which legislates for the county. 



COUNTY OFFICIALS. 43 

Every county has its county seat, where are located its 
court-house with offices and rooms for the transaction 
of the county business, its jail or penitentiary, and any 
other necessary public buildings. Here are preserved 
the records of the court, the registry of deeds, wills, mort- 
gages and other important papers. 

The Sheriff is named first in order of the county offi- 
cers by the Constitution, and he appears to be the most 
important officer of the county. He is elected for a term 
of three years and is not eligible to election for the next 
succeeding term : he has to give security for the faithful 
discharge of his duties. The preservation of the peace 
within his county is one of his highest duties, but he can 
make no arrest and do no official act outside of his county. 
He arrests disturbers of the peace, and those charged 
with crime, and has the custody of the jail and all persons 
confined there. He attends all the County Courts, sum- 
mons witnesses and jurors, serves the processes of the 
court, and attends to the execution of its decrees. He 
has deputies for whom he is responsible, and may summon 
and compel the assistance of citizens when necessary. 

A District Attorney, who should be a counsellor-at-law 
in the Supreme Court, is also chosen triennially in each 
county. He is its law officer, prosecuting its criminals, 
and advising with its Grand Jury and other officers, and 
giving them such information as they may need. 

The County Clerk holds office for three years, being 
chosen by a popular vote. He is custodian of all books, 
records and papers of the county. Besides recording the 



44 GOVERNMENT OF NEW YORK. 

judgments of the court, he registers deeds, mortgages, 
and other important papers. He draws the jurors, admin- 
isters the oath to witnesses and jurors, and is clerk of all 
the courts held in the county. 

The Treasurer of the county receives the money due 
from the town collectors for county taxes, pays over to 
the Comptroller what is due from the county to the state, 
and receives from him the school money that is due the 
county, which he pays to the supervisors of the towns 
upon the certificate of the School Commissioner. He 
makes an annual report to the Supervisors. 

The County Board of Supervisors is an important 
legislative and administrative body composed of one mem- 
ber from each town in a county and one from each ward 
of any city in the county, except that in the County of 
New York the City Board of Aldermen take its place. 
They meet as a board of canvassers of election returns, 
make tax lists and cause the taxes to be collected. They 
also manage and legislate concerning county highways, 
bridges, buildings and any other property owned by the 
county. If a county is entitled to more than one member 
of the Assembly, they divide it into districts. This board 
has the power to change the boundaries of towns already 
existing and to create new ones. In suits at law to which 
the county is a party this Board represents it. They 
annually make a list of three hundred citizens or more 
to serve as Grand Jurors. A Supervisor has to give 
bonds for the faithful discharge of his duties. 

Coroners were elected in each county for three years, 
who investigated the causes of suspicious deaths, and held 



TOWNS. 45 

inquests if necessary. They had power to summon a 
jury and witnesses, and to administer the oath to them, 
when a formal investigation was considered necessary. 
The new Constitution makes no mention of this office. 

There are also one or more Superintendents of the JPoo?\ 
in each county, who make rules for the management of 
the county poorhouse, and for the employment and sup- 
port of the people placed there, appoint a keeper and his 
subordinates, decide questions concerning the legal set- 
tlement of persons requiring aid, and make an annual 
report to the Board of Supervisors of their doings. 

The Sheriffs, County Clerks, and Coroners are paid for 
their services by fees that are established by iaw\ The 
County Judge, Surrogate, Treasurer, District Attorney, 
and School Commissioner are paid annual salaries. The 
Superintendents of the Poor are paid by the day. 

Each Town is a body corporate within certain definite 
boundaries, and having local jurisdiction subordinate to 
the state. Its powers are defined by general statutes. 
It can sue and be sued, and make such regulations as are 
necessary for the management of its affairs, for preserving 
peace, good order and the public health, and it can raise 
money by taxation. The voters of each town meet annu- 
ally in town meeting to elect officers of the town. Each 
qualified voter may have an equal voice in the proceedings. 
Annual appropriations are made at this meeting. In any 
county all the annual town meetings are held on the same 
day. Special town meetings may be held for the purposes 
named in the statutes. 

Justices of the Peace preside at town meetings, acting 
as inspectors of election. The officers elected at an an- 



46 GOVERNMENT OF NEW YORK. 

nual town meeting are a Supervisor and a Town Clerk, 
each for one year, Justices of the Peace, Assessors, High- 
way Commissioners, Overseers of the Poor, a Collector, 
Constables, Auditors and Excise Commissioners. Some 
of these hold office for three or four years, and others for 
one year, and the number elected may be varied at differ- 
ent times by the will of the voters at the election. 

The Supervisor is the chief officer of the town. He 
receives and pays out money belonging to the town for 
schools upon the warrant of the trustees, and for other 
purposes as directed by law, and has important duties as 
a member of the County Board of Supervisors. Cases of 
disputed valuation of property, where a school district is 
partly in one town and partly in another, are adjusted by 
the Supervisors of the two towns. In connection with 
the Town Clerk and Assessors, once in three years he is 
to make up a list of persons to serve as petit jurors. 

The Town Clerk acts as clerk at the town meetings, 
keeping its records and filing such papers as properly 
belong to his office, and the bonds of those required to 
give them. He also keeps a file of chattel mortgages, and 
a record of births, marriages and deaths. The poll list is 
in his custody, and he notifies persons of their election. 

The Assessors make an inventory of real and personal 
property and fix its valuation for purposes of taxation. 

The Highway Commissioners have general charge and 
supervision of the public roads and bridges. 

The Collector is elected annually, and must give bonds 
to the Supervisor, with one or more sureties, in double the 



VILLAGES. 47 

amount of taxes to be collected. He collects what is due 
and pays it over to the Supervisor and to the other officers 
named in his warrant. If taxes are not paid within a 
specified time, the property, or a part of it, upon which 
they are assessed, may be taken and sold at public auction 
after due advertisement. Real estate thus sold may be 
redeemed under certain conditions. 

A School District is a subdivision of a town. It may 
elect a sole trustee annually, or it may have three trus- 
tees, the term of office of one member expiring each year, 
or it may have a Board of Education of three, six or nine 
members, one-third of the number being elected annually. 
The districts having a Board of Education are called Union 
Free School Districts, and they may have also a Treasurer 
in addition to the Clerk, Collector and Librarian, who are 
also elected in districts which have trustees. 

The annual school meeting is held on the first Tuesday 
in August, and women may vote at this election under the 
same general restrictions as men and are eligible to the 
same offices. 

Villages are communities whose wants and requirements 
for efficient local government are not fully met by the 
town system, but whose population is not yet large enough 
to require all the machinery of a city government. Such 
a territory, having a population of not less than three 
hundred persons to the square mile, may be incorporated 
as a village under a general law of the state. It may elect a 
President, Board of Trustees, Treasurer, and Collector and 
the Trustees may appoint a Clerk, Street Commissioner, 
police, and other necessary officers, and establish a fire 



48 GOVERNMENT OF NEW YORK. 

department and a board of health, levying taxes for neces- 
sary village expenses. The President is the executive 
officer of the organization, and it is his duty to see that 
its regulations are enforced. These officers are usually 
elected for one year. 

Villages are parts of the towns in which they are situ- 
ated, but cities are not. In the latter the town govern- 
ment is wholly superseded, while in the former it is not, 
although the duties of some of the town officers may be 
affected by the village charter. 

Cities are composed of a population too large to be 
governed by the simple machinery of a town or village. 
The county and state officers have the same powers and 
duties in cities as in the country, but owing to the massing 
of large bodies of people upon limited territory, a strong 
organization with extensive powers is needed. An instru- 
ment called a Charter is granted by the Legislature, which 
defines the boundaries of a city, gives it its name, and 
states what officers it shall have, with their duties. This 
charter must be accepted by a vote of the people, but it 
may be amended by the Legislature at its pleasure. Cities 
and villages are restricted in their power of taxation, 
assessment, and contraction of debt, or loaning their 
credit. 

Cities are divided into three classes. Cities of 250,000 
inhabitants or more are the First Class. 

Cities having a population of between 50,000 and 
250,000 are the Second Class. 

All other cities constitute the Third Class. 

Laws relating to them are divided into general and 
special laws. Special laws relate to less than the whole 



CITIES. 49 

number of cities of a class. These must be referred to the 
cities affected by them. In cities of the First Class the 
Mayor alone may act upon such law ; in cities of all other 
classes the Mayor with the legislative body may act. But 
all such laws may be finally passed by the Legislature 
and approved by the Governor whether the city or cities 
affected by them approve them or not. 

All elections of city officers, except in cities of the 
Third Class, including supervisors and judicial officers of 
inferior courts, and of county officers in New York and 
Kings counties, except to fill vacancies, must be held 
at the general election in the odd-numbered years. In 
accordance with this section of the Constitution the terms 
of office of some officials will be lengthened temporarily, 
and others will be shortened, so that all terms shall expire 
in odd-numbered years. 

The usual officers of a city are a Mayor, Board of 
Aldermen, an Attorney or City Solicitor, Board of Edu- 
cation, Treasurer, Comptroller, Assessors, a Collector of 
Taxes, a Board of Health, Police Commissioners, Excise 
Commissioners, a Superintendent of Schools, and a Super- 
intendent of Police. In some cities there may be also a 
Superintendent of Streets, a City Physician, City En- 
gineer, and Engineers of the Fire Department. Some of 
these are chosen by the people, others by the Board of 
Aldermen, or by the Mayor, or nominated by the Mayor 
and approved by the Aldermen. 

The Mayor is elected by the people for a term of two 
years, except in cities of the Third Class. He is the 
principal officer of the city, and it is his duty to see that 
order is maintained, the city property cared for, and the 
laws and ordinances enforced. He gives the Aldermen 



50 GOVERNMENT OF NEW YORK. 

such information, and makes to them such recommenda- 
tions as he thinks are for the public good. He may veto 
ordinances which they pass. 

The Common Council, in some cities, consists of the 
Board of Aldermen alone, and in others of this Board and 
the Mayor. 

The Board of Aldermen is elected by the people, a 
city being divided into wards, and one or two members 
being elected from each ward, usually for a term of two 
years. This Board, outside of the city of New York, has 
considerable legislative power. It can lay and collect 
taxes, appropriate money for the erection of public build- 
ings and for the carrying on of other public works, for 
the salaries of officials, and the support of the schools, 
and fire and police departments. It can also build sewers, 
lay out and alter streets, and regulate their use. 

City Ordinances relate to precautions against fire, acci- 
dent, and infectious diseases, the removal of offal and 
snow and ice from sidewalks and streets, the punishment 
of offenders and the general protection of property and 
health. 

For the purposes of this work the names of the other 
officers are a sufficient indication of their duties. 

The Election Returns in a presidential election are 
under the control of state law and state officers from the 
closing of the polls until the final canvass of the vote by 
the State Board of Canvassers. Special provisions of the 
law apply to the city of New York only. In all other 
parts of the state the inspectors of elections make two 



THE ELECTION RETURNS. — THE MILITIA. 51 

copies of their original return sheets, one of which is tiled 
in the office of the Clerk of the to^vn or city at once, and 
the other with the Clerk of the county within twenty-four 
hours after the canvass of the vote is completed. The 
original return sheets are delivered to the Supervisor of 
the town or ward where the votes were cast. 

The Supervisors of a county meet as a Board of Can- 
vassers the first Tuesday after the election is held. The 
County Clerk records the result as it is ascertained by 
them, sending one copy by mail to the Governor, another 
to the Secretary of State, and still a third copy he must 
deliver to the Secretary of State in person or by deputy. 
The Secretary of State usually acts as Chairman of the 
State Board of Canvassers; and that officer, with the Comp- 
troller, Attorney-General, Treasurer and State Engineer, 
constitute this Board. They meet on the Wednesday fol- 
lowing the third Monday of November after the election. 
The work of the Board consists mainly in ratifying and 
signing the results already ascertained through the com- 
pilation of the returns. 

The law of the state requiring the electors to meet and 
cast its vote on the first Wednesday of December has 
been superseded by an act of Congress passed Feb. 3, 1887, 
requiring the electors in all the states to meet the second 
Monday in January following the election to formally cast 
the vote of the state for President and Vice-President. 

The provisions of this law also govern the conduct of in- 
spectors of election and Boards of Canvassers of the votes 
for state and local officers, so far as they are applicable. 

The Militia consists of all able-bodied citizens between 
the ages of eighteen and forty-five, except that such as 



52 GOVERNMENT OF NEW YORK. 

have religious scruples against bearing arms may be ex- 
cused. The company officers are chosen by the ballots 
cast by its members ; field officers of regiments and sepa- 
rate battalions by the written votes of their commissioned 
officers ; brigade officers by the field officers of the brigade ; 
staff officers are appointed by regimental, brigade and 
division commanders. All the officers are commissioned 
by the Governor, who also appoints all Major-Generals, a 
Commissary-General, Adjutant-General, and other Chiefs 
of Staff, and Aides-de-Camp, whose commissions expire 
with the term for which he was elected. The militia is 
to be organized and divided into land and naval forces. 
There must be at all times a force maintained of not 
less than 10,000 enlisted men, fully uniformed, armed, 
equipped, disciplined and ready for active service. 

Volunteer members of the National Guard constitute 
the present organized militia force. Arms, equipments, 
and sometimes armories are furnished them at public cost. 

Public Schools, supported by state and local taxation 
and by income from state funds, presided over by qualified 
teachers, are not only accessible to all, but attendance 
upon them is required by law. Children between the 
ages of eight and sixteen must attend some school a 
considerable part of each year. In cities and union free- 
school districts special officers must be appointed to see 
to the enforcement of this law. Persons wishing to 
qualify themselves to teach can attend Normal Schools 
free of charge of tuition. There are eleven of these 
located at convenient points. 

The state school tax and the income from the common 
school fund, which is apportioned by the State Superin- 



HIGHWAYS AND BRIDGES. — THE POOR. 53 

tendent among the cities and towns, can be used for the 
wages of teachers only. Money for other necessary ex- 
penses of the schools is raised by local taxation, as is also 
additional money for the pay of teachers if the sum re- 
ceived from the state is insufficient. 

The new Constitution prohibits the state and any or 
all of its subdivisions, from using any public money, 
property or credit for the benefit of any school or in- 
stitution of learning not wholly within its own control. 
If such school is wholly or in part under the direction 
of any religious denomination, it is debarred from all 
participation in funds raised by public taxation. No 
denominational doctrine can be taught in any public 
school of the state. 

Highways and Bridges are generally provided at the 
public expense, and are free to all. There are Commis- 
sioners of Highways chosen by ballot in each town, who 
have the care of its road and bridges. They spend such 
sums as are legally raised for necessary changes and re- 
pairs. Each town is divided into road districts, with its 
overseer who superintends the performance of the work 
upon the roads assigned to the inhabitants of his district. 
Every male inhabitant over twenty-one years of age, and 
every landowner, is liable annually for the performance of 
a certain amount of work upon the public highways. A 
single road commissioner may be elected annually, or 
there may be three, each elected for three years, the term 
of one member expiring each year. 

The Poor of each town are provided for at the public 
expense if unable to take care of themselves, but they 



54 GOVERNMENT OF NEW YOKK. 

must have a legal settlement in the town. If they do 
not, they become a county charge. In some cases a town's 
poor are cared for by the county, but at the cost of the 
town. One or two overseers of the poor are elected an- 
nually, and it is their duty to afford relief where needed, 
and to ascertain where the indigent have a legal settle- 
ment, so that the expense of their maintenance may be 
borne by the community where they properly belong. 
The state also has asylums for the pauper insane, blind or 
sick, and those who are not a legal charge upon any town 
or county. Parents or children of paupers must care for 
them if able. 

The Canals. — Constitutional provision was made to 
raise by taxation all the money necessary to pay the debts 
incurred in the construction of the canals. They are 
owned and managed by the state, and no tolls are charged 
for their use. 

The sale, lease or other disposition of the canals is 
constitutionally prohibited, except the Main and Hamburg 
street canal in Buffalo. Funds derived from its sale or 
lease must be used for the benefit of the other canals. 

The Legislature must provide by appropriation of public 
funds, or by equitable taxation, for their repair, improve- 
ment and superintendence. 

A District is a term of frequent use and of varied ap- 
plication. There are road districts under charge of an 
overseer of highways ; school districts under charge of 
school trustees ; and election districts all the voters in 
whose boundaries are registered and cast their votes in one 
place. The two former are usually part of a town or vil- 



DISTRICTS. — TAXES. 55 

lage, and the latter may be the whole of a town or village, 
or a part of a city. A School Commissioner District is 

the whole or a part of a county (New York and Kings 
excepted), which triennially elects a commissioner of 
public schools. 

An Assembly District is a part or the whole of a county 
which annually elects a member of the Assembly. There 
is one exception to this — the counties of Fulton and 
Hamilton form but a single district for this purpose. A 
Senate District is generally composed of two or more 
counties. Albany, Oneida, Onondaga, Queens, Renssel- 
aer and Westchester counties each form a single district. 
Kings County is divided into seven districts. New York 
County is divided into twelve districts. 

A Congressional District is a part of a county, or a 
whole county, or a number of counties united in one con- 
stituency for the election of a representative in Congress. 
All of these districts are as nearly as possible to embrace 
an equal population. 

A District Attorney is the law officer representing a 
county. A Judicial District is one county in the case 
of the County of New York, but is composed of several 
counties in the remaining seven 1 districts. Each district 
elects a number of Justices of the Supreme Court. 

Taxes are assessed and collected to pay for the services 
of government officers, state and local, to carry on the 
machinery of the courts, to support public schools, to 
maintain highways and bridges, to erect necessary public 

1 See pages 131, 132. 



56 GOVERNMENT OF NEW YORK. 

buildings and other public works and keep them in repair, 
and to pay the interest and principal of public debts. 
The rate of taxation varies. In rural neighborhoods it is 
very low, while in some cities it is almost three per cent 
of the whole valuation. All real estate, except that used 
for public purposes, is taxed ; the assessment is made 
where the property is situated ; personal property is as- 
sessed where the owner lives, and the personal estate of 
corporations where the principal office of the company is. 

The Legislature of the state, the Supervisors of a county, 
the Board of Trustees of a village, and the people at the 
annual meeting of a town, respectively, determine what 
amounts of money must be raised by taxation to carry on 
state and local governments. 

The sum that may be hereafter raised by tax for county 
or city purposes in any county containing a city of over 
100,000 inhabitants, or in any such city, must not exceed 
in any year two per centum of the assessed valuation of 
real and personal property situated therein. This two 
per centum may, however, be in addition to taxes levied 
for the interest or principal of existing debt. 

The Town Collector of taxes pays out the funds he 
collects for local purposes to the various persons named in 
his warrant. The county and state taxes he pays over to 
the Treasurer of the county, who in turn pays over the 
portion belonging to the state to the Comptroller. 

Gambling in all its forms is now forever prohibited by 
the Constitution. The sale of lottery tickets, pool-selling, 
book-making, will be no longer authorized or allowed. 
Under the color of betting upon horse races much evil 
has been done. 



FREE PASSES. 57 

Public Debts exceeding ten per centum of its assessed 
valuation of real estate are forever prohibited to each 
village, town, city, or county. Their credit cannot be 
loaned to any person or corporation, nor can they become 
owners of stock or bonds. All indebtedness incurred 
must be strictly for local purposes, for which equitable 
taxes may be laid. 

This ten per centum limit does not, however, prevent the 
issue of bonds in anticipation of the payment of taxes. 
Bonds to secure a water supply limited to run for twenty 
years are allowable also. When the boundaries of a city 
and county become the same, the county can no longer 
incur indebtedness. 

Prison Labor. — It is made the duty of the Legislature 
to provide for the occupation and employment of prisoners 
in the several prisons, penitentiaries, jails, and reforma- 
tories of the state. But with the beginning of the year 
1897 all such prisoners are prohibited from working at any 
trade or industry, the product of which may be farmed 
out to or contracted for by any person, firm, or corpora- 
tion. It is provided, however, that the state, or any polit- 
ical division of the state, or any institution owned or 
managed by it, may purchase the product of such labor. 

Free Passes. — Embedded in the Constitution, Article 
13, Section 5, is a prohibition of the free pass system. 
No public officer can either for himself or for his family 
or friends receive any special privileges from any railroad, 
telegraph, or telephone company, or from any person or 
corporation, either for his own or for their use or benefit. 
The violation of this provision is made a misdemeanor 



58 GOVERNMENT OF NEW YORK. 

both on the part of the giver and receiver. The giver, 
however, is exempted from civil and criminal prosecution 
if he testifies against the receiver. 

Damages for loss of life recoverable by a suit at law 
have heretofore been limited in amount to $5000. A per- 
son who was crippled and yet lived might recover any 
amount that a sympathetic jury would award him. The 
loss of a life might be pecuniarily of small moment as 
compared with the loss of a limb or an organ. This limita- 
tion is now removed. It is expected that the control of 
courts will afford ample protection against excessive ver- 
dicts in any case. 

The Oath of Office, which it is required that members 
of the Legislature and all executive and judicial officers 
shall take, except those of inferior grades who may be 
exempted by law, is very explicit and exact. The person 
subscribing to it must profess thorough loj^alty to the 
Union and to the state. He must also further make oath 
that his election was procured by strictly honorable means ; 
only such efforts being made to secure it as would bear 
the closest scrutiny in the open light of day and be ap- 
proved by common consent : 

I do solemnly swear (or affirm) that I will support the Constitution 
of the United States, and the Constitution of the State of New York 
and that I will faithfully discharge the duties of the office of 
according to the best of my ability. And I do further solemnly swear 
(or affirm) that I have not directly or indirectly paid, offered or prom- 
ised to pay, contributed, or offered or promised to contribute, any 
money or other valuable thing as a consideration or reward for the 
giving or withholding a vote at the election at which I was elected to 
said office, and have not made any promise to influence the giving or 
withholding any such vote. 



THE LEGAL RATE OF INTEREST. 59 

Any person who swears falsely is guilty of perjury. 
This is a crime which society strongly condemns, and upon 
conviction visits severe punishment upon the offender. 
There may be different grades in the gravity of the offence 
and its consequences, but the essence of the crime of tell- 
ing an untruth and making an oath that it is the truth is 
always the same. 

Purity of Elections. — An act known as the corrupt 
practices act is in our statute book. It requires that all 
candidates for an office shall, after each election, make a 
public showing under oath of all expenses incurred in the 
campaign. The intent of the law is apparent. But each 
political party for the purposes of any election, local, 
state, or national, is in the hands of its representative 
committees who manage its affairs. This law does not 
require that these committees shall give under oath an 
itemized account of their expenses. 

The Legal Rate of Interest is six per cent, and usury 
is a misdemeanor punishable by fine, or imprisonment, or 
both. Any form of device by which the borrower is 
obliged to pay the lender interest beyond the legal rate 
is usurious. Laws fixing such rate are enacted upon the 
theory that they are necessary for the protection of the 
poor against the rich, and so that the lender shall take no 
undue advantage of the necessities of the borrower. 

The tendency of later legislation is toward the theory 
that money should be treated as merchandise, and that the 
parties to a loan may make any bargain concerning it that 
seems to suit their interest ; but when no bargain is made 
the law shall say what the interest is. Days of grace are 
abolished. 



60 GOVERNMENT OF NEW YOKK. 

Political Rights and Duties. — While the Constitution 
provides that certain officers shall be elected at a fixed 
time and in a prescribed manner, and defines their powers 
and duties, it has left to the voluntary action of citizens 
the creation of the machinery by which the candidates for 
the several offices are to be named. Naturally, the people, 
where there is a general or a qualified suffrage, seem to 
divide themselves into two great parties, ranging them- 
selves upon opposing sides upon questions of local or gen- 
eral government. In this country each party is represented 
by its committee of citizens, who look after its interests, 
calling the people together in caucus in a town or ward, 
who sympathize with its purposes and aims. A caucus 
generally names candidates for local offices and delegates 
for county, district, and state conventions. These conven- 
tions nominate candidates and adopt platforms of princi- 
ples. The number of delegates any locality may send to 
a convention is usually determined by the number of votes 
it cast for the party at the last preceding election. The 
committees and candidates of each party present the party 
claims by means of newspapers, circulars, public meetings, 
and personal influence. 

The beginnings of political power are in the caucuses, 
or primary meetings. The good citizen can here exert 
the most potent influences for the public welfare in secur- 
ing the nomination of honest and intelligent men for 
office, and in so shaping the party aims that they shall 
promote the public interest, and not be degraded to serve 
private or selfish ends. One of the highest duties of the 
citizen is to see that the primary meeting is kept free of 
all taint of dishonesty. 

When the people are nearly equally divided by political 



HISTORICAL SKETCH. 61 

questions there is much less danger of hasty and ill-con- 
sidered legislation ; measures will be more closely scanned 
and their bearings upon the public welfare more carefully 
weighed ; there will be a better adjustment of means to 
ends, and both means and ends will be higher. A more 
solemn sense of responsibility and accountability will 
attend all proceedings Better men will be sought for 
to serve in public positionSo But a party having a large 
majority, and being long continued in power, feeling 
strong in its hold upon public confidence, is in danger of 
having its strength diverted to the promotion of selfish or 
corrupt schemes ; bad men may be nominated and elected 
by force of party discipline, and reckless or bad legislation 
be the result. Parties nearly evenly balanced in numbers, 
intelligence, and character, form one of our highest safe- 
guards. 

Historical. — A constitutional convention was ordered 
by a vote of the people Nov. 4, 1845. There w^ere 213,257 
votes for a convention and 33,860 against it. The work 
of the delegates was approved Nov. 3, 1846, by a vote of 
221,528 in favor to 92,436 opposed. 

A change was made in Section 3 of Article 7, providing 
for a speedy completion of the canals, at an election in 
February 1854 and in November of 1882 this section was 
still further amended, tolls were abolished, and the canals 
were made forever free. This last amendment was adopted 
by the people by a vote of nearly three in favor to one 
opposed. 

In November 1866, the people voted by a majority of 
over 96,000 to call a convention to revise the Constitution ; 
but in November 1869, they rejected the work of the con- 



62 GOVERNMENT OF NEW YOEK. 

vention as a whole, by a majority of 66,521. They, how- 
ever, adopted two amended articles that were separately 
submitted, the one pertaining to the judiciary, and the 
other to the property qualification for colored men. 

Article 6, relating to the judiciary, was further amended 
in November 1872. In November 1873, there were two 
amendments submitted to the people by the Legislature, 
making the most of the judiciary offices above justices of 
the peace, appointive instead of elective. These were 
rejected by a majority of over 200,000 votes. 

In November 1874, there were nine amendments and 
two new articles adopted by the people on submission by 
the Legislature, by varying majorities. The first amend- 
ment pertained to voting, the second to the Legislature, 
its power and the eligibility of members ; the third added 
Sections 17 to 25 of Article 3, which further define and 
limit the powers and duties of the Legislature ; the fourth 
relates to the eligibility of the Governor and Lieutenant- 
Governor, and further defines their powers and duties; 
the fifth relates to the state debt and to claims against the 
state ; the sixth and seventh relate to savings banks, and 
added two new sections to Article 8, prohibiting the loan- 
ing of the credit of the state, or any county, city, village, 
or town loaning its credit, or the incurring of any debt 
beyond a certain percentage of the valuation ; the eighth 
relates to the salaries of state officers named in the Con- 
stitution ; the ninth amends Article 12, which contains 
the oath of office. Article 15 related to bribery; this is 
now a part of Article 13 in the latest amended Constitu- 
tion. The new Article 15 provides that all amendments 
shall take effect upon the first day of January following 
their adoption, except they may provide otherwise. 



HISTORICAL SKETCH. 63 

In November 1876, Article 5, Section 3, was amended ; 
it relates to the appointment of a Superintendent of Pub- 
lic Works. Section 4 of the same article, relating to the 
Superintendent of State Prisons, was amended at the same 
time. 

Article 6, Section 6, relating to the Supreme Court, 
was amended in November 1879. It is remarkable that 
the total vote upon this amendment, both for and against, 
was only 120,909. In November 1880, amendments were 
adopted which relate chiefly to local courts in the cities 
of New York, Brooklyn, and Buffalo. In November 1894, 
these local courts were abolished. 

Sections 3, 5, and 6, of Article 7, relating to canals, were 
amended in November 1882. 

Section 11 of Article 8 was further amended in Novem- 
ber 1884. This amendment, which relates to the incurring 
of public debts and the loaning of public credit, was 
adopted by the nearly unanimous vote of 499,661 for to 
9161 against. This is now Section 10, and it is still further 
amended and strengthened. 

Nov. 2, 1886, the people voted, by a majority of 544,227, 
that another constitutional convention should be called. 
Laws to give effect to the popular will were not enacted 
and approved until the session of the Legislature in 1893. 
The number of the delegates, the mode and time of their 
election, and other necessary steps were then decided 
upon. At the annual state election in 1893 delegates to 
the constitutional convention were appointed. They met 
at Albany May 8, and completed their work Sept. 29, 
1894. Their work was ratified at the polls at the general 
election in November of the same year. The convention 
considered more than four hundred amendments, and they 



64 GOVERNMENT OF NEW YORK. 

adopted thirty-three, besides striking out obsolete matter. 
The popular vote upon the various propositions as sub- 
mitted was favorable by substantial majorities. 

The main features in which the Constitution is changed 
are the following: — 

1. Allowing the right of drainage across adjoining lands. 

2. Separating municipal from state elections in the 
larger cities. 

3. Requiring the printing of bills at least three days 
before their passage. 

4. Prohibiting " riders " upon appropriation bills. 

5. Prohibiting " passes " to public officers. 

6. Removing the prohibition to the sale of the Salt 
Springs. 

7. Prohibiting the sale of the Forest Preserve. 

8. No mention is made of the office of coroner. 

9. Prohibition of gambling in all forms. 

10. Abolition of the 15000 limit of damages for injuries 
causing death. 

11. The right to vote must be secured at least ninety 
days, instead of ten days, before its exercise. 

12. Bi-partisan boards of registry and election are 
established. General registration of voters is required. 

13. The number of Senators has been increased to fifty, 
and of Assemblymen to one hundred and fifty. A new 
apportionment is made by the Constitution, that of the 
Senate not being based altogether upon equality of popu- 
lation. 

14. Honorably discharged soldiers and sailors have the 
preference for civil service appointments regardless of 
their standing upon any examination list. 

15. The contract system of convict labor is abolished. 



EDUCATIONAL. 65 

16. The canals may be improved at public expense, but 
money must not be borrowed for this purpose. 

17. The use of public money to support sectarian schools 
is prohibited. 

18. The power of the Legislature to compel payment of 
public money to private charitable institutions is restricted. 

19. Several Courts, and Terms of Courts, are abolished, 
and their jurisdiction is vested in the Supreme Court, the 
membership of which is enlarged. 

20. The Code Commission, whose duty it was to reduce 
to a written and systematic code the whole body of law of 
the state, is abolished. 

21. Provision must be made for a naval, as well as land 
force of militia. 



EDUCATIONAL. 

The University of the State of New York was incor- 
porated by the Legislature in 178-4. There are twenty- 
three Regents, but the number may be reduced to not less 
than nine. The Governor, Lieutenant-Governor, Secre- 
tary of State, and Superintendent of Public Instruction 
are members of the Board of Regents, ex-officio ; the 
remaining nineteen members are chosen for life by the 
Legislature in the same manner as United States Senators. 
The officers of the Board are a Chancellor, a Vice-Chan- 
cellor, and a Secretary. The institutions under their charge 
number twenty-seven colleges of arts and sciences for men 
or for men and women, seven colleges of arts for women, 
twenty-four medical colleges, seven law schools, fourteen 
theological schools, seventeen technical and special schools, 
and four hundred sixty-nine academies, academical depart- 



66 GOVERNMENT OF NEW YORK. 

ments of union schools, and high schools. About 24,000 
students are annually in attendance at the colleges and 
professional schools for higher education, and about 50,000 
at the secondary schools. 

The Object of the University as defined by law is to 
encourage and promote education in advance of the com- 
mon elementary branches. Its field includes not only the 
work of academies, colleges, universities, professional and 
technical schools, but also educational work connected 
with libraries, museums, university extension courses and 
similar agencies. 

Powers and Duties. — Besides many other important 
powers and duties the Regents have power to incorporate, 
and to alter or revoke the charters of universities, colleges, 
academies, libraries, museums, or other educational institu- 
tions ; to distribute to them funds granted by the state for 
their use ; to inspect their workings and require annual 
reports under oath of their presiding officers ; to establish 
examinations as to attainments in learning, and confer on 
successful candidates suitable certificates, diplomas, and 
degrees, and to confer honorary degrees. 

They apportion annually an academic fund of $106,000, 
part for buying books and apparatus for academies, and 
high schools raising an equal amount for the same pur- 
pose, and the remainder on the basis of attendance and on 
the results of instruction as shown in the satisfactorv 
completion of prescribed courses for which the Regents' 
examinations afford the official test. They also expend 
$25,000 for the benefit of free public libraries, apportion- 
ing sums not exceeding $200 yearly to communities raising 



POWERS AND DUTIES OF REGENTS. 67 

equal amounts, and lending small libraries for periods of 
six months where such assistance is needed to supplement 
local free libraries or to stimulate interest in establish- 
ing them. 

The University is a supervisory and administrative, not 
a teaching, institution. It is a state department and at 
the same time a federation of over five hundred institu- 
tions of higher and secondary education. 

The law allows no option among incorporated institu- 
tions as to their membership in the University, but says: 
" The institutions of the University shall include all insti- 
tutions of higher education which are now or may here- 
after be incorporated in this state, and such other libraries, 
museums, or other institutions for higher education as 
may, in conformity with the ordinances of the Regents, 
after official inspection, be admitted to or incorporated by 
the University." They cannot have legal existence in 
New York without being entitled to the many privileges 
and subject to the regulations provided alike for all 
institutions of the University. 

Like other states, New York has the usual department 
of public institution in charge of its elementary schools, 
but no other state has a department devoted wholly to the 
interests of higher education. 

As a state department it unites various educational 
functions heretofore scattered or entirely unprovided for, 
and exercises unusual powers. Though most of its work 
is executive, yet in granting charters to all educational 
institutions, it performs functions usually exercised only 
by the Legislature. In revoking charters and dissolving 
educational corporations, it exercises the judicial functions 
of a court. 



68 GOVERNMENT OF NEW YORK. 

Regents' Meetings. — The annual meeting of the Re- 
gents is on the second Wednesday in December, and 
during the year special meetings are held whenever business 
requires. 

Convocation. — The University convocation of the Re- 
gents and the officers of institutions in the University, 
for consideration of subjects of mutual interest, has been 
held annually since 1863 in the Senate chamber in Albany 
on the first Wednesday, Thursday, and Friday after July 4. 

The State Superintendent of Public Instruction is 

elected triennially by the Legislature upon joint ballot. 
His office is- at the Capitol. He must appoint a deputy 
who shall perform the duties of the office in case of a 
vacancy. As many clerks and others as may be necessary 
to the efficiency of the office must be employed. In addi- 
tion to his duties as Superintendent, he is ex-officio a 
Regent of the University, a Trustee of Cornell University 
and of the New York State Asylum for Idiots. The gen- 
eral supervision of the State Normal Schools, and pro- 
vision for the education of Indian children come in this 
department. 

It is his duty to visit as often as he can the common 
schools of the state, observe their course of instruction, 
management, and discipline, and advise and encourage 
pupils, teachers, and school officers. 

State Certificates. — Examinations of candidates for 
state certificates must be held at least once each year 
under his direction. With certain limitations, he may 
grant teachers' certificates without examination. He will 



APPORTIONMENT OF SCHOOL FUNDS. 69 

grant certificates to duly qualified persons, and he may 
revoke them for cause, whether granted by himself, by a 
normal school, or by a school commissioner. At his dis- 
cretion, he may indorse diplomas or certificates issued by 
the school authorities of other states. 

Power of Removal. — A School Commissioner, or any 
other school officer, may be removed from office by the 
Superintendent if found guilty of wilful violation of or 
neglect of duty. The same penalty may follow any wil- 
ful disobedience of orders, decisions, or regulations of this 
department. He may withhold their share of the public 
money from any district for like cause. 

Apportionment of School Funds. — Money raised by 
state tax for schools with the income from certain funds 
is to be apportioned by him on or before the 20th of 
January in each year among the several school districts 
of the state for the salaries of teachers. The quota of 
each district of the money thus apportioned is $100 for 
each teacher employed. The term of school in each year 
must be not less than one hundred sixty days exclusive of 
Saturdays, but inclusive of legal holidays. Time spent by 
teachers at Teachers' Institutes, not exceeding three weeks, 
is also included. He apportions from the free school fund 
money to pay the salaries of the school commissioners. 

Each city of the state, with villages having a population 
of above 5000, employing a superintendent of schools 
whose whole time is devoted exclusively to the duties of 
such office, is entitled to $800 annually out of the same 
fund. The Legislature appropriates money from the 
income of the United States deposit fund, which he is to 



70 GOVERNMENT OF NEW YORK. 

set apart for libraries. The library money is divided by 
him among the counties according to population. All 
school moneys are payable to the treasurers of the several 
counties annually on the first day of April. 

For the proper observance of arbor day the Superin- 
tendent has power to prescribe a course of exercises and 
instruction which shall be adopted and used by the public 
school authorities on that day. 

To insure the proper compliance with the Compulsory 
Educational Law, the Superintendent may employ an as- 
sistant at a salary of $2500 per annum. It is the duty of 
this officer to make investigation and report to his superior 
to what extent this is complied with by the school author- 
ities in the several cities and districts of the state. Wilful 
omission to enforce its provisions may be followed by a 
forfeiture of one-half the public school money to which the 
city or district is entitled. 

Teachers' Institutes are to be held as often as once each 
year in each school commissioner district by appointment 
of the State Superintendent. These are held for the bene- 
fit and instruction of the teachers of the public schools and 
for those about to become teachers. The subjects pre- 
sented relate to the principles of education, and methods 
of instruction in the various branches to be taught. Time 
and place of holding Institutes are within the discretion 
of the State Superintendent, who also appoints suitable 
persons to conduct them. Schools must be closed during 
the session of the Institute, and the attendance of teachers 
is obligatory. Failure to comply with these requirements 
may work forfeiture of license to teach on the one hand, 
and of appropriation of public money on the other. 



STATE SCHOLARSHIPS. 71 

Teachers' Training' Classes shall be formed in such 
union schools and academies as the State Superintendent 
shall designate. Due regard must be had to their distri- 
bution in different parts of the state, and to the location 
and character of the institutions selected. Classes may 
consist of not less than ten, nor more than twenty-five. 
The State Superintendent prescribes the conditions of 
admission to the classes and the course of instruction. 
Tuition is free. Money to pay for this instruction is 
annually appropriated out of the United States Deposit 
fund to the amount of 130,000. 

Appeals to the State Superintendent. — Aggrieved 
parties may appeal to him, and if he considers the subject 
matter appealed one of public concern, in which the 
appellant has an interest, he will entertain it, but other- 
wise he will dismiss it. His decision is final and not 
subject to review by any other tribunal. Appeals may be 
taken from the decision of — 

1. Any district school meeting. 

2. A school commissioner in forming or changing school 
districts, or apportioning school moneys. 

3. A supervisor in refusing to pay moneys. 

4. Any district trustees in refusing to pay a teacher, or 
to admit a pupil. 

5. Trustees of any school library. 

Any other official act or decision pertaining to common 
schools is also subject to a review by him. 

Competitive examinations for the State Scholarships in 
Cornell University are held annually at the court house 
in each county on the first Saturday of June. These are 



72 GOVERNMENT OF NEW YORK. 

held by the city superintendents and county commissioners 
under the direction of the State Department. Candidates 
must be at least sixteen years of age, and of not less 
than six months' standing as pupils in the public schools 
of the state. This period must be immediately preceding 
the examination. One scholarship is allotted to each as- 
sembly district annually. Notice of the time, place, and 
conditions of the examination are to be given annually on 
the first day of January in all the schools having pupils 
that are eligible ; also in at least two newspapers of the 
county immediately prior to holding the examination. 

School Commissioners take office on the first day of 
January next after their election for a term of three years, 
or until a successor qualifies. Any person of lawful age, 
a citizen of the United States, and a resident of the county, 
is eligible to the office. There is no limitation on account 
of sex. In case of a vacancy, the county judge, if there 
be one, if not, then the State Superintendent, appoints 
a commissioner to hold the office until the first day of 
January succeeding the next general election. 

Each commissioner receives a salary of $ 1000, payable 
quarterly out of the free school fund. The Board of 
Supervisors must make him an allowance of at least $200 
for expenses. If he neglects his duty, the State Super- 
intendent may withhold his salary, which may be forfeited 
or not, at the Superintendent's discretion. The State 
Superintendent may require a commissioner to perform 
the duties of the office in an adjoining district. Besides, 
a commissioner may act in an adjoining district at the 
request of its commissioner. He is forbidden to become 
an agent for any books, furniture, or apparatus of any 



SCHOOL COMMISSIONERS. 73 

kind whatsoever that are used in schools, under penalty 
of removal from office. 

It is the duty of every commissioner — 

To see that plainly described school district boundaries 
are on file with the town clerks ; 

To visit and examine all schools as often as practicable, 
inquiring into their management, mode of instruction, 
discipline, and text-books ; 

To inspect sites, buildings, and their appendages, and 
give advice in matters of heating, ventilating, lighting, 
and the general improvement of houses and grounds ; 

To direct trustees to make necessary repairs or altera- 
tions of houses or furniture, or to buy new furniture, or 
to abate a nuisance ; 

To condemn an unfit schoolhouse, and to direct the 
erection of a new one not to exceed $800 in cost in case 
the voters of a district fail to vote a tax to build it at a 
meeting legally called for that purpose ; 

To grant certificates to teach to persons found to be 
properly qualified, under such regulations as are prescribed 
by the State Superintendent ; 

To use his utmost endeavors and influence to promote 
sound education, improve the means of instruction, and 
advance the interests of the schools. 

He has power to take affidavits and administer oaths in 
all matters pertaining to common schools, but without fee. 
He may issue subpoenas under direction of the State 
Superintendent, the penalty for the disobedience of which 
is $25. 

On the first of August annually he must make a report 
to the State Superintendent. He must make an abstract 
of the report of each school district which he files with 



74 GOVERNMENT OF NEW YORK. 

the County Clerk. Any school building may be opened 
under his supervision for any examination appointed by 
the State Superintendent. It is to be noted, however, that 
no city forms a part of any school commissioner district. 

School Districts. — It is the duty of each school com- 
missioner — 

To divide his territory into a convenient number of 
school districts ; 

To set off joint districts in conjunction with a neighbor- 
ing commissioner ; 

To describe all districts, filing the description with the 
town clerk. 

He may alter a district with the consent of the trustees 
of the districts affected. If their consent is refused, he 
may still order the alteration, which will not take effect 
until three months after the date of the order. Dissent- 
ing trustees may then proceed within ten days to have 
a hearing arranged before the commissioner and the super- 
visors and the town clerks of the town or towns in which 
the districts or districts affected are situated. Their de- 
cision must be final unless duly appealed from. Such 
decision must either confirm or vacate the commissioner's 
order, and it must be filed with the town clerk or clerks. 

He may alter the boundaries of any school district to 
conform to village or city lines. He may abolish districts 
adjoining union free school districts, annexing the terri- 
tory to them. Districts may be dissolved, annexed, or 
consolidated, their property becoming the property of the 
new district." 

School Trustees are a body corporate, whether there 
are three or one. All the school district property is 



SCHOOL TRUSTEES. 75 

vested in this body. A sole trustee has all the powers 
and duties, and is subject to the same liabilities as a board 
of three. In a board of three two may act, and their action 
will have the same validitj 7 and effect as if the third were 
present if he has received due and lawful notice of the 
meeting. If there are- either one or two vacancies, the 
remainder of the board may take lawful action the same 
as if there were no vacancies. It is the first duty of the 
board to call a special meeting of the district to fill exist- 
ing vacancies. 

Their general powers and duties are — 

1. To call special meetings when necessary; 

2. To make out a tax list of every tax voted or author- 
ized by law ; 

3. To purchase, hold, keep in repair, and have insured 
all necessary school property ; 

4. To employ and contract with duly qualified teachers, 
and to pay them monthly ; 

5. To establish rules for the government and discipline 
of the schools, and to prescribe the course of study ; 

6. To see that the laws respecting the sanitary con- 
dition of the buildings, outbuildings, and grounds are 
complied with ; 

7. To have all buildings cleaned, warmed, lighted, and 
ventilated ; 

8. To establish branch schools when necessary ; ■ 

9. To make an annual report on the first of August to 
the school commissioner, a cop}^ of which shall be filed 
with the town clerk. 

This report is to show — 

1. The whole time school has been kept during the 
year; 



76 GOVERNMENT OF NEW YORK. 

2. The amount paid for teachers' wages, and for pur- 
chase of books and apparatus ; 

3. The number of children taught, and the sum of the 
days' attendance of all such children ; 

4. The number of children living in the district the 
30th day of the previous June, with the names of their 
parents or guardians ; 

5. The number of vaccinated and unvaccinated children 
of school age ; 

6. Amount of taxes levied, and moneys paid for any 
and all purposes allowed by law, with the items. 

Union Free Schools may be established by the vote of 
the district or districts affected. At a legally called 
meeting of any school district which shall be attended by 
not less than fifteen qualified voters, a majority of them 
may vote to establish a union free school district either 
by themselves, or in conjunction with an adjoining district 
that shall take like action. 

If several districts wish to unite, a joint meeting must be 
held at which there must be present not less than fifteen 
voters from each district, and a majority of the whole decide. 

If the decision is favorable, they may at once elect a 
board of not less than three and not more than nine 
trustees. The term of office is three years. They are 
divided into three classes, so that the terms of no more 
than one-third expire in any year. This board supersedes 
the boards in the districts affected, and is vested with all 
their powers, and all the duties of the late boards are 
imposed upon them. 

If the union free school district so formed has the same 
boundaries as an incorporated village, the board of educa- 



THE BOARD OF EDUCATION. 77 

tion is elected at the annual charter election. Such board 
becomes a body corporate, with a president, clerk, collector, 
and treasurer : the two latter must give a bond with such 
sureties as the board may require. 

With some limitations that would exclude very few 
persons, there is well-nigh universal suffrage of all persons 
of lawful age without regard to sex, at all school elections. 
Any qualified voter who can read and write is eligible to 
any school district office. 

The Board of Education of a union free school district 
is vested with much the same powers and charged with 
similar duties as boards of trustees before enumerated. 
Additional powers and duties are — 

1. To establish an academical department, and appoint 
a librarian if necessary ; 

2. To fill vacancies in their own body ; 

3. To remove a member for official misconduct ; 

4. To employ a superintendent of schools if their dis- 
trict is also an incorporated village with more than 5000 
inhabitants ; 

5. Publication in detail of all receipts and payments is 
to be made annually, with estimate of expenses for the 
coming year, and statement of the purposes to which the 
money is to be applied ; 

6. The board may levy a tax for the teachers' wages 
and contingent expenses, even if the voters refuse to 
appropriate it ; 

7. Regular meetings, at least once each quarter, open 
to the public, must be held ; committees of the board must 
visit the schools twice each quarter and report to the board 
at the next meeting. 



78 GOVERNMENT OF NEW YORK. 

Every union free school district, in all its departments, 
is subject to the visitation of the superintendent of public 
instruction. Its board of education is under his super- 
vision, and it must make an annual report concerning all 
such matters as the State Superintendent shall require. 

Provision is made for resolving the union free school 
district into the districts of which it was composed. This 
must be done by a popular vote which must have the 
approval of the commissioner of the district. 

City and Village Superintendents. — Their general 
powers and duties are to exercise complete supervision 
over all the schools and school property in their juris- 
diction. Generally, too, the superintendent is the chief 
executive officer and representative of the Board of Edu- 
cation ; in some places he serves as secretary also. He 
devotes his time to visiting the schools, observing the 
progress of the pupils, the methods of the teachers, and 
the modes of discipline. The proper classification of the 
pupils and the due enforcement of all the rules and regu- 
lations of the Board are his especial charge. He must 
pbint out defects and suggest remedies. All the commit- 
tees of the Board, whether special or standing, receive 
from him information and advice about all school matters, 
the management of which is entrusted to them. He pro- 
motes pupils, examines teachers, and at the end of each 
year makes a full report to his Board of all the important 
events of the year, together with such statistical and other 
information as may be deemed important for the public to 
know and for the welfare of the schools. 

Supervisors of towns are vested with the duties relating 
to gospel and school lots formerly belonging to district 



SUPERVISORS. 79 

trustees and town superintendents. They are also charged 
with the duties formerly imposed upon the commissioners 
relative to moneys in the hands of the overseers of the 
poor. Each one must make a report every year, on the 
first Tuesday of March, to the County Treasurer, of all 
school moneys in his hands. Moneys for teachers' wages 
and for libraries he must pay out only upon the written 
order of the sole trustee or of the majority of a board 
of trustees. But where there is a properly qualified col- 
lector or treasurer, he must pay all teachers' wages to him, 
who then becomes the disbursing officer. Boards of edu- 
cation in union free school districts have a treasurer who 
receives from the supervisor all school moneys due. 

The supervisor keeps a true and detailed account of all 
receipts and disbursements in a book provided for the pur- 
pose. Within fifteen days after the expiration of his term 
he files such account with the town clerk, notifying his 
successor of the fact. He gives a bond which has the 
approval of the County Treasurer before the school moneys 
will be delivered to him. It is his duty to collect accord- 
ing to law any penalties, or forfeitures, imposed for viola- 
tions of the school law on the part of any town or district 
officer. He may be called upon to act in erecting new 
school districts or changing the boundaries of old ones, in 
connection with the clerk of his town, and the school com- 
missioner or commissioners. 

If a school commissioner district contains more than one 
hundred school districts, the board of supervisors may 
divide such district and erect a new one. They may 
increase the salary of the commissioner laying a pro rata 
tax upon all the towns composing the district. 



80 GOVERNMENT OF NEW YORK. 

The Town Clerk keeps all books, maps, papers, and 
records of his office concerning common schools. He 
receives from the supervisor the certificates of apportion- 
ment of school moneys and records them. School district 
trustees deposit their reports with him, and he delivers 
them to the school commissioner. This latter official gets 
from him the names and addresses of all district officers. 
From the State Superintendent and commissioner he re- 
ceives blanks and circulars which he distributes among 
the trustees. The outgoing supervisor files his report 
with the town clerk, and his successor receives a copy of it 
from him. He may be required to act in the erection or 
alteration of a school district, and to perform various other 
duties which may be needed in the administration of the 
acts relating to common schools. 

Libraries may be established and maintained by expen- 
diture of school library money apportioned to the districts 
by the State Superintendent, under such regulations as 
he may make. These libraries shall consist of reference 
books for use in the schoolroom, supplementary reading 
books for children, or books relating to branches of study 
pursued in the school, and pedagogic books as aids to 
teachers. To be entitled to a quota of the money, a dis- 
trict must have raised at least an equal amount. 

The library is not a circulating library, but it is a part 
of the school equipment. A librarian may be appointed 
who shall be one of the teachers. Each city or school 
district is authorized to raise money by tax for starting or 
extending a school library. Any school library may be 
given to any free public library under state supervision, 
if the people of the district whose books are so given have 
free access to that library. 



FREE KINDERGARTENS . 81 

Text-books are prescribed for use in the schools under 
their charge by the boards of education in the several 
cities, villages, and school districts. In the common school 
districts they are to be designated at the annual school 
meeting. It is unlawful to change books so adopted 
oftener than once in five years, except by a three-fourths 
vote of those empowered to adopt. 

Physiology and Hygiene are required to be taught in 
all schools under state control ; this teaching is to have 
special reference to the effects of stimulants and narcotics 
upon the human system. No certificate can be granted to 
any teacher who shall fail to pass a satisfactory examina- 
tion in this branch of study. 

Drawing. — Free instruction in industrial or freehand 
drawing must be given in each state normal school. 
Boards of education in cities must provide such instruction 
in at least one department of their schools. Unless ex- 
cused by the State Superintendent, union free schools 
must provide free instruction in this branch. Boards of 
education are authorized to establish free evening schools 
for this purpose also. 

Vocal Music must be taught in the normal schools. 
Boards of education are authorized to give free instruction 
in this branch. 

Free Kindergartens may be provided in cities or vil- 
lages in any county having not more than 1,000,000 in- 
habitants, by the boards of education, if they employ a 
superintendent of public schools. No child under four 
will be admitted. Money for the support of such schools 



82 GOVERNMENT OF NEW YORK. 

is to be raised in the same manner as for the support of 
other public schools. 

Industrial Training". — Boards of education are author- 
ized and empowered to maintain a department in their 
schools for industrial training and for teaching and illus- 
trating the manual arts and their underlying principles; 
for this purpose they may employ such instructors and 
purchase such appliances as may be necessary. State nor- 
mal and training schools are required to include such 
training and instruction in their course of study, to the 
extent that the State Superintendent may prescribe. 

Schools for Colored Children may be organized and 
maintained where it is deemed expedient by the school 
authorities that such separate schools should be established. 

Orphan Schools shall participate in the distribution of 
school moneys, and shall be subject to the rules and regu- 
lations of the common schools in their respective districts. 

Indian Schools, of such character and description as he 
shall deem necessary, are established and maintained under 
superintendents employed by the State Superintendent. 
Indian children are entitled to draw public money for edu- 
cation the same as all others. 

Deaf, Dumb, and Blind Institutions incorporated by 
the state are subject to the visitation of the State Superin- 
tendent. It is his duty to inquire into their expenditures 
and systems of instruction, to compare them with other 
similar institutions, to see if improvements can be made. 



COMPULSORY EDUCATION. 83 

to appoint suitable persons to visit them from time to time, 
and to make an annual report concerning them to the 
Legislature. 

The regular term for instruction in such institutions is 
five years. 

Rules and regulations for the admission of pupils in 
these institutions are in part prescribed by law and in part 
by the State Superintendent. 

Compulsory Education Law. — Section 3 contains the 
gist of the whole matter. It is as follows : — 

Every child between eight and sixteen years of age, in 
proper physical and mental condition to attend school, 
shall regularly attend upon instruction at a school in 
which at least the common school branches of reading, 
spelling, writing, arithmetic, English grammar, and geog- 
raphy are taught, or upon equivalent instruction by a 
competent teacher elsewhere than at a school, as follows : 
Every such child, between fourteen and sixteen years of 
age, not regularly and lawfully engaged in any useful 
employment or service, and every such child between 
eight and twelve years of age, shall so attend upon in- 
struction as many days annually, during the period be- 
tween the first days of October and the following June, 
as the public school of the district or city in which such 
child resides, shall be in session during the same period. 
Every child between twelve and fourteen years, in proper 
physical and mental condition to attend school, shall 
attend upon instruction during such period at least eighty 
secular days of actual attendance, which shall be consecu- 
tive except for holidays, vacations, and detentions by sick- 
ness, which holidays, vacations, and detentions shall not be 



84 GOVERNMENT OF NEW YORK. 

counted as a part of such eighty days, and such child 
shall, in addition to the said eighty days, attend upon 
instruction when not regularly and lawfully engaged in 
useful employment or service. If any such child shall so 
attend upon instruction elsewhere than at a public school, 
such instruction shall be at least substantially equivalent 
to the instruction given to children of like age at the 
public school of the city or district in which such child 
resides ; and such attendance shall be for at least as many 
hours of each day thereof as are required of children of 
like age at public schools; and no greater total amount 
of holidays and vacations shall be deducted from such 
attendance during the period such attendance is required 
than is allowed in such public schools to children of 
like age. Occasional absences from such attendance, not 
amounting to irregular attendance in the fair meaning of 
the term, shall be allowed upon such excuses only as 
would be allowed in like cases by the general rules and 
practice of such public school. 

Sections 4 to 10 inclusive treat of — 

Duties of persons in parental relation to children ; 

Persons employing children unlawfully to be fined ; 

Teachers' record of attendance ; 

Attendance of officers in cities and union free school 
districts ; 

Arrest of truants ; 

Truant schools ; 

Withholding state moneys by State Superintendent. 

These sections make elaborate provision for carrying 
the law into effect. Penalties for wilful neglect or dis- 
obedience are prescribed. These are made applicable to 
individual offenders and to school districts. 



SALARIES OF STATE OFFICERS. 85 



SALARIES OF STATE OFFICERS. 



Governor $10,000 

Lieutenant-Governor 5,000 

Secretary of State 5,000 

Comptroller 6,000 

Treasurer 5,000 

Attorney-General 5,000 

State Engineer and Surveyor 5,000 

Superintendent of Banking 5,000 

Superintendent of Insurance 7,000 

Superintendent of Prisons . 6,000 

Superintendent of Public Works 6,000 

State Assessors 2,500 

Board of Claims 5,000 

Superintendent of Public Instruction 5,000 

Deputy Superintendent of Public Instruction . . . 4,000 

State Dairy Commissioner 3,000 

Railroad Commissioners 8,000 

Labor Commissioner 2,500 

Civil Service Commissioners 2,000 

Quarantine Commissioners 2,500 

State Arbitrators 3,000 

State Commissioner in Lunacy 4,000 

Chief Justice of the Court of Appeals 10,500 

Justices of the Court of Appeals 10,000 

Justices of the Supreme Court 6,000 

Commissioner of the New Capitol 7,500 

Superintendent of Public Buildings 3,500 

State Entomologist 2,000 

Inspector of Gas Meters 5,000 

State Geologist and Paleontologist 3,600 

Commissioner of Agriculture 4,000 

Mining Inspector 3,000 

State Botanist 2,000 

Factory Inspector . . - 2,000 



THE CONSTITUTION OF THE STATE OF 
NEW YORK. 



Adopted iVov. <3, 1846, as Amended, and in Force Jan. 1, 1895. 



We the People of the State of New York, grateful to Almighty 
God for our Freedom, in order to secure its blessings, do estab- 
lish this Constitution. 

ARTICLE I. — Individual Rights. 

1. Disfranchisement. — No member of this State shall be dis- 
franchised, or deprived of any of the rights or privileges secured 
to any citizen thereof, unless by the law of the land, or the judg- 
ment of his peers. 

2. Trial by jury. — The trial by jury in all cases in which it 
has been heretofore used, shall remain inviolate forever ; but a 
jury trial may be waived by the parties in all civil cases in the 
manner to be prescribed by law. 

3. Religious liberty. — The free exercise and enjoyment of 
religious profession and worship, without discrimination or prefer- 
ence, shall forever be allowed in this State to all mankind ; and no 
person shall be rendered incompetent to be a witness on account 
of his opinions on matters of religious belief ; but the liberty of 
conscience hereby secured shall not be so construed as to excuse 
acts of licentiousness, or justify practices inconsistent with the 
peace or safety of this State. 

4. Habeas corpus. — The privilege of the writ of habeas corpus 
shall not be suspended, unless when, in cases of rebellion or inva- 
sion, the public safety may require its suspension. 

5. Bail, fines. — Excessive bail shall not be required, nor exces- 
sive fines imposed, nor shall cruel and unusual punishments be 
inflicted, nor shall witnesses be unreasonably detained. 

86 



CONSTITUTION OF NEW YOKE. 



87 



6. Grand jury. — No person shall be held to answer for a 
capital or otherwise infamous crime (except in cases of impeach- 
ment, and in cases of militia when in actual service ; and the land 
and naval forces in time of w T ar, or which this State may keep, 
with the consent of Congress, in time of peace ; and in cases of 
petit larceny, under the regulation of the Legislature), unless on 
presentment or indictment of a grand jury ; and in any trial in 
any court whatever the party accused shall be allowed to appear 
and defend in person and with counsel as in civil actions. No 
person shall be subject to be twice put in jeopardy for the same 
offence; nor shall he be compelled in any criminal case to be a 
witness against himself ; nor be deprived of life, liberty or property 
without due process of law ; nor shall private property be taken 
for public use, without just compensation. 

7. Private property and private roads. — When private prop- 
erty shall be taken for any public use the compensation to be made 
therefor, when such compensation is not made by the State, shall 
be ascertained by a jury or by not less than three commissioners 
appointed by a court of record, as shall be prescribed by law. 
Private roads may be opened in the manner to be prescribed by 
law ; but in every case the necessity of the road, and the amount 
of all damage to be sustained by the opening thereof, shall be first 
determined by a jury of freeholders, and such amount, together 
with the expenses of the proceeding, shall be paid by the person 
to be benefited. General laws may be passed permitting the own- 
ers or occupants of agricultural lands to construct and maintain for 
the drainage thereof, necessary drains, ditches and dykes upon the 
lands of others, under proper restrictions and with just compensa- 
tion, but no special laws shall be enacted for such purposes. 

8. Free speech and press. — Every citizen may freely speak, 
write and publish his sentiments on all subjects, being responsible 
for the abuse of that right ; and no law shall be passed to restrain 
or abridge the liberty of speech or of the press. In all criminal 
prosecutions or indictments for libels, the truth may be given in 
evidence to the jury ; and if it shall appear to the jury, that the 
matter charged as libellous is true, and was published with good 
motives, and for justifiable ends, the party shall be acquitted ; and 
the jury shall have the right to determine the law and the fact. 

9. Petitions, divorces, lotteries. — No law shall be passed 
abridging the right of the people peaceably to assemble and to 



88 GOVERNMENT OF NEW YORK. 

petition the government, or any department thereof, nor shall any 
divorce be granted, otherwise than by due judicial proceedings; 
nor shall any lottery, or the sale of any lottery tickets, pool- 
selling, book-making, or any other kind of gambling hereafter be 
authorized or allowed within this State ; and the Legislature shall 
pass appropriate laws to prevent offences against any of the pro- 
visions of this section. 

10 10. Property in lands. — The people of this State, in their 
right of sovereignty, are deemed to possess the original and ultimate 
property in and to all lands within the jurisdiction of the State : 
and all lands the title to which shall fail, from a defect of heirs, ' 
shall revert, or escheat to the people. 

11 11. Feudal tenures. — All feudal tenures of every description, 
with all their incidents, are declared to be abolished, saving how 
ever all rents and services certain which at any time heretofore 
have been lawfully created or reserved. 

12 12. Allodial tenure. — All lands within this State are declared 
to be allodial, so that, subject only to the liability to escheat, the 
entire and absolute property is vested in the owners, according to 
the nature of their respective estates. 

13 13. Liimit of leases. — No lease or grant of agricultural land, 
for a longer period than twelve years, hereafter made, in which 
shall be reserved any rent or service of any kind, shall be valid. 

14 14. Fines, quarter sales. — All fines, quarter sales, or other 
like restraints upon alienation reserved in any grant of land, here- 
after to be made, shall be void. 

15 15. Indian lands. — No purchase or contract for the sale of 
lands in this State made since the fourteenth day of October, one 
thousand seven hundred and seventy- five, or which may hereafter 
be made of, or with the Indians, shall be valid, unless made under 
the authority, and with the consent of the Legislature. 

16 16. Codification of laws. — Such parts of the common law, 
and of the acts of the Legislature of the Colony of New York, as 
together did form the law of the said Colony, on the nineteenth 
day of April, one thousand seven hundred and seventy-five, and 
the resolutions of the Congress of the said Colony, and of the con- 
vention of the State of New York, in force on the twentieth day 
of April, one thousand seven hundred and seventy-seven, which 
have not since expired, or been repealed or altered ; and such acts 
of the Legislature of this State as are now in force, shall be and 



CONSTITUTION OF NEW YORK. 



89 



continue the law of this State, subject to such alterations as the 
Legislature shall make concerning the same. But all such parts 
of the common law and such of the said acts, or parts thereof, as 
are repugnant to this Constitution, are hereby abrogated. 

17. Grants of land. — All grants of land within the State, 17 
made by the king of Great Britain, or persons acting under his 
authority, after the fourteenth day of October, one thousand seven 
hundred and seventy-five, shall be null and void ; but nothing con- 
tained in this Constitution shall affect any grants of land within this 
State, made by the authority of the said king or his predecessors, 
or shall annul any charters to bodies politic and corporate, by him 
or them made, before that day ; or shall affect any such grants or 
charters since made by this State, or by persons acting under its 
authority ; or shall impair the obligation of any debts contracted 
by the State, or individuals, or bodies corporate, or any other rights 
of property, or any suits, actions, rights of action, or other proceed- 
ings in courts of justice. 

18. Damages. — The right of action now existing to recover 18 
damages for injuries resulting in death, shall never be abrogated ; 
and the amount recoverable shall not be subject to any statutory 
limitation. 



ARTICLE II.— Voters. 

1. Qualifications. — Every male citizen of the age of twenty- 
one years who shall have been a citizen for ninety days and an 
inhabitant of this State one year next preceding an election, and 
for the last four months a resident of the county and for the last 
thirty clays a resident of the election district in which he may 
offer his vote, shall be entitled to vote at such election in the 
election district of which he shall at the time be a resident, and 
not elsewhere, for all officers that now are or hereafter may be elec- 
tive by the people, and upon all questions which may be submitted 
to the vote of the people, provided that in time of war no elector 
in the actual military service of the State, or of the United States, 
in the army or navy thereof, shall be deprived of his vote by reason 
of his absence from such election district ; and the Legislature shall 
have power to provide the manner in which and the time and place 
at which such absent electors may vote, and for the return and can- 
vass of their votes in the election districts in which they respectively 
reside. 



19 



90 GOVERNMENT OF NEW YORK. 

20 2. Bribery. — No person who shall receive, accept or offer to 
receive, or pay, offer or promise to pay, contribute, offer or promise 
to contribute to another, to be paid or used, any money or other 
valuable thing as a compensation or reward for the giving or with- 
holding a vote at an election, or who shall make any promise to in- 
fluence the giving or withholding any such vote, or who shall make 
or become directly or indirectly interested in any bet or wager de- 
pending upon the result of any election, shall vote at such election ; 
and upon challenge for such cause, the person so challenged, before 
the officers authorized for that purpose shall receive his vote, shall 
swear or affirm before such officers that he has not received or 
offered, does not expect to receive, has not paid, offered or promised 
to pay, contributed, offered or promised to contribute to another, to 
be paid or used, any money or other valuable thing as a compensa- 
tion or reward for the giving or withholding a vote at such election, 
and has not made any promise to influence the giving or withholding 
of any such vote, nor made or become directly or indirectly inter- 
ested in any bet or wager depending upon the result of such elec- 
tion. The Legislature shall enact laws excluding from the right of 
suffrage all persons convicted of bribery or of any infamous crime. 

21 3. Residence. — For the purpose of voting, no person shall be 
deemed to have gained or lost a residence, by reason of his presence 
or absence, while employed in the service of the United States ; nor 
while engaged in the navigation of the waters of this State, or of 
the United States, or of the high seas ; nor while a student of any 
seminary of learning ; nor while kept at any alms-house, or other 
asylum, or institution wholly or partly supported at public expense 
or by charity ; nor while confined in any public prison. 

22 4. Enactments. — Laws shall be made for ascertaining by 
proper proofs the citizens who shall be entitled to the right of suf- 
frage hereby established, and for the registration of voters, which 
registration shall be completed at least ten days before each elec- 
tion. Such registration shall not be required for town and village 
elections except by express provision of law. In cities and vil- 
lages having five thousand inhabitants or more, according to the 
last preceding state enumeration of inhabitants, voters shall be reg- 
istered upon personal application only ; but voters not residing in 
such cities or villages shall not be required to apply in person for 
registration at the first meeting of the officers having charge of the 
registry of voters. 



CONSTITUTIOH OF NEW YORK. 



91 



5. Election by ballot. — All elections by the citizens, except 23 
for such town officers as may by law be directed to be otherwise 
chosen, shall be by ballot, or by such other method as may be pre- 
scribed by law, provided that secrecy in voting be preserved. 

6. Boards of registry. — All laws creating, regulating or affect- 
ing boards or officers charged with the duty of registering voters, 
or of distributing ballots at the polls to voters, or of receiving, 
recording or counting votes at elections, shall secure equal repre- 
sentation of the two political parties which, at the general election 
next preceding that for which such boards or officers are to serve, 
cast the highest and the next highest number of votes. All such 
boards and officers shall be appointed or elected in such manner, 
and upon the nomination of such representatives of said parties 
respectively, as the Legislature may direct. Existing laws on this 
subject shall continue until the Legislature shall otherwise pro- 
vide. This section shall not apply to town meetings or to village 
elections. 

ARTICLE III. — The Legislature. 

1. Two houses. — The legislative power of this State shall be 25 
vested in a Senate and Assembly. 

2. How constituted. — The Senate shall consist of fifty mem- 26 
bers, except as hereinafter provided. The Senators elected in the 
year 1895 shall hold their offices for three years, and their suc- 
cessors shall be chosen for two years. The Assembly shall consist 
of one hundred and fifty members who shall be chosen for one 
year. 

3. Senate districts. — The State shall be divided into fifty 27 
districts, to be called Senate districts, each of which shall choose 
one Senator. The districts shall be numbered from one to fifty 
inclusive. * 

4. How changed. — An enumeration of the inhabitants of the 28 
State shall be taken under the direction of the Secretary of State, 
during the months of May and June, in the year 1895, and in the 
same months every tenth year thereafter ; and the said districts 
shall be so altered by the Legislature at the first regular session 
after the return of every enumeration, that each Senate district 
shall contain as nearly as may be an equal number of inhabitants, 
excluding aliens, and be in as compact form as practicable, and 

1 For list of Senate Districts, see pages 129, 130. 



92 GOVERNMENT OF NEW YORK. 

shall remain unaltered until the return of another enumeration, and 
shall at all times consist of contiguous territory, and no county shall 
be divided in the formation of a Senate district except to make two 
or more Senate districts wholly in such county. No town, and no 
block in a city enclosed by streets or public ways, shall be divided 
in the formation of Senate districts ; nor shall any district contain 
a greater excess in population over an adjoining district in the 
same county, than the population of a town or block therein, 
adjoining such district. Counties, towns or blocks which, from 
their location, may be included in either of two districts, shall be 
so placed as to make said districts most nearly equal in number of 
inhabitants, excluding aliens. 

No county shall have four or more Senators unless it shall have 
a full ratio for each Senator. No county shall have more than 
one-third of all the Senators ; and no two counties or the territory 
thereof as now organized, which are adjoining counties, or which 
are separated only by public waters, shall have more than one-half 
of all the Senators. 

The ratio for apportioning Senators shall always be obtained by 
dividing the number of inhabitants, excluding aliens, by fifty, and 
the Senate shall always be composed of fifty members, except that 
if any county having three or more Senators at the time of any 
apportionment shall be entitled on such ratio to an additional 
Senator or Senators, such additional Senator or Senators shall be 
given to such county in addition to the fifty Senators, and the 
whole number of Senators shall be increased to that extent. 
29 5. Assembly districts. — The members of the Assembly shall 

be chosen by single districts, and shall be apportioned by the Leg- 
islature at the first regular session after the return of every enum- 
eration among the several counties of the State, as nearly as may 
be according to the number of their respective inhabitants, exclud- 
ing aliens. Every county heretofore established and separately 
organized, except the county of Hamilton, shall always be entitled 
to one Member of Assembly, and no county shall hereafter be 
erected unless its population shall entitle it to a member. The 
county of Hamilton shall elect with the county of Fulton, until 
the population of the county of Hamilton shall, according to the 
ratio, entitle it to a member. But the Legislature may abolish the 
said county of Hamilton and annex the territory thereof to some 
other county or counties. 



CONSTITUTION OF NEW YORK. 93 

The quotient obtained by dividing the whole number of inhab- 
itants of the State, excluding aliens, by the number of Members of 
Assembly, shall be the ratio for apportionment, which shall be 
made as follows : x One Member of Assembly shall be apportioned 
to every county, including Fulton and Hamilton as one county, 
containing less than the ratio and one-half over. Two members 
shall be apportioned to every other county. The remaining Mem- 
bers of Assembly shall be apportioned to the counties having more 
than two ratios according to the number of inhabitants, excluding 
aliens. Members apportioned on remainders shall be apportioned 
to the counties having the highest remainders in the order thereof 
respectively. No county shall have more Members of Assembly 
than a county having a greater number of inhabitants, excluding 
aliens. 

In any county entitled to more than one member, the board of 
supervisors, and in any city embracing an entire county and having 
no board of supervisors, the common council, or if there be none, 
the body exercising the powers of a common council, shall assemble 
on the second Tuesday of June 1895, and at such times as the 
Legislature making an apportionment shall prescribe, and divide such 
counties into Assembly districts as nearly equal in number of inhab- 
itants, excluding aliens, as may be, of convenient and contiguous 
territory in as compact form as practicable, each of which shall be 
wholly within a Senate district formed under the same apportion- 
ment, equal to the number of Members of Assembly to which such 
county shall be entitled, and shall cause to be filed in the office of 
the Secretary of State and of the clerk of such county, a description 
of such districts, specifying the number of each district and of the 
inhabitants thereof, excluding aliens, according to the last preced- 
ing enumeration ; and such apportionment and districts shall 
remain unaltered until another enumeration shall be made, as 
herein provided ; but said division of the city of Brooklyn and the 
county of Kings to be made on the second Tuesday of June 1895, 
shall be made by the common council of said city and the board of 
supervisors of said county, assembled in joint session. In counties 
having more than one Senate district, the same number of Assembly 
districts shall be put in each Senate district, unless the Assembly 
districts cannot be evenly divided among the Senate districts of 
any county, in which case one more Assembly district shall be put 
1 For list of Assembly Districts, see page 130. 



94 GOVERNMENT OF NEW YORK. 

in the Senate district in such county having the largest, or one less 
Assembly district shall be put in the Senate district in such county 
having the smallest number of inhabitants, excluding aliens, as the 
case may require. No town, and no block in a city enclosed by 
streets or public ways, shall be divided in the formation of Assembly 
districts, nor shall any district contain a greater excess in popula- 
tion over an adjoining district in the same Senate district, than the 
population of a town or block therein adjoining such Assembly dis- 
trict. Towns or blocks which, from their location, may be included 
in either of two districts, shall be so placed as to make said districts 
most nearly equal in number of inhabitants, excluding aliens ; but 
in the division of cities under the first apportionment, regard shall be 
had to the number of inhabitants, excluding aliens, of the election 
districts according to the state enumeration of 1892, so far as may 
be, instead of blocks. Nothing in this section shall prevent the 
division, at any time, of counties and towns, and the erection of 
new towns by the Legislature. 

An apportionment by the Legislature, or other body, shall be 
subject to review by the Supreme Court, at the suit of any citizen, 
under such reasonable regulations as the Legislature may prescribe ; 
and any court before which a cause may be pending involving an 
apportionment shall give precedence thereto over all other causes 
and proceedings, and if said court be not in session it shall convene 
promptly for the disposition of the same. 

30 6. Salary of members. — Each member of the Legislature 
shall receive for his services an annual salary of one thousand 
and five hundred dollars. The members of either house shall also 
receive the sum of one dollar for every ten miles they shall travel, 
in going to and returning from their place of meeting, once in each 
session, on the most usual route. Senators, when the Senate alone 
is convened in extraordinary session, or when serving as members 
of the Court for the Trial of Impeachments, and such members of 
the Assembly, not exceeding nine in number, as shall be appointed 
managers of an impeachment, shall receive an additional allowance 
of ten dollars a day. 

31 7. Prohibitions. — No member of the Legislature shall receive 
any civil appointment within this State, or the Senate of the United 
States, from the Governor, the Governor and Senate, or from the 
Legislature, or from any city government during the time for 
which he shall have been elected ; and all such appointments and 



CONSTITUTION OF NEW YOBK. 95 

all votes given for any such member for any such office or appoint- 
ment shall be void. 

8. Disqualifications. — No person shall be eligible to the Legis- 32 
lature who, at the time of his election, is, or within one hundred 
days previous thereto has been, a member of Congress, a civil or 
military officer under the United States, or an officer under any 
city government ; and if any person shall, after his election as a 
member of the Legislature, be elected to Congress, or appointed 
to any office, civil or military, under the government of the United 
States, or under any city government, his acceptance thereof shall 
vacate his seat. 

9. Time of election. — The elections of Senators and Members 33 
of Assembly, pursuant to the provisions of this Constitution, shall 
be held on the Tuesday succeeding the first Monday of November, 
unless otherwise directed by the Legislature. 

10. Powers of each house. — A majority of each house shall 34 
constitute a quorum to do business. Each house shall determine 
the rules of its own proceedings, and be the judge of the elections, 
returns and qualifications of its own members ; shall choose its 
own officers ; and the Senate shall choose a temporary president to 
preside in case of the absence or impeachment of the Lieutenant- 
Governor, or when he shall refuse to act as president, or shall act 
as Governor. 

11. Journals. — Each house shall keep a journal of its pro- 35 
ceedings, and publish the same, except such parts as may require 
secrecy. The doors of each house shall be kept open, except when 
the public welfare shall require secrecy. Neither house shall, 
without the consent of the other, adjourn for more than two days. 

12. Privilege. — For any speech or debate in either house of 36 
the Legislature, the members shall not be questioned in any other 
place. 

13. Bills. — Any bill may originate in either house of the Legis- 37 
lature, and all bills passed by one house may be amended by the 
other. 

14. Enacting clause. — The enacting clause of all bills shall 38 
be " The people of the State of New York, represented in Senate 
and Assembly, do enact as follows," and no law shall be enacted 
except by bill. 

15. Majority. — No bill shall be passed or become a law unless 
it shall have been printed and upon the desks of the members, in 



96 GOVERNMENT OF NEW YORK. 

its final form, at least three calendar legislative days prior to its 
final passage, unless the Governor, or the acting Governor, shall 
have certified to the necessity of its immediate passage, under his 
hand and the seal of the State ; nor shall any bill be passed or 
become a law, except by the assent of a majority of the members 
elected to each branch of the Legislature ; and upon the last 
reading of a bill, no amendment thereof shall be allowed, and the 
question upon its final passage shall be taken immediately there- 
after, and the yeas and nays entered on the journal. 

40 16. Private bills. — No private or local bill, which may be 
passed by the Legislature, shall embrace more than one subject, 
and that shall be expressed in the title. 

41 17. Restrictions. — No act shall be passed which shall provide 
that any existing law, or any part thereof, shall be made or deemed 
a part of said act, or which shall enact that any existing law, or 
part thereof, shall be applicable, except by inserting it in such 
act. 

42 18. Private and local bills. — The Legislature shall not pass 
a private or local bill in any of the following cases : 

43 Changing the names of persons. 

44 Laying out, opening, altering, working or discontinuing roads, 
highways or alleys, or for draining swamps or other low lands. 

45 Locating or changing county seats. 

46 Providing for changes of venue in civil or criminal cases. 

47 Incorporating villages. 

48 Providing for election of members of boards of supervisors. 

49 Selecting, drawing, summoning or impanelling grand or petit 
jurors. 

50 Regulating the rate of interest on money. 

51 The opening and conducting of elections or designating places of 
voting. 

52 Creating, increasing or decreasing fees, percentage or allowances 
of public officers, during the term for which said officers are elected 
or appointed. 

53 Granting to any corporation, association or individual the right 
to lay down railroad tracks. 

54 Granting to any private corporation, association or individual 
any exclusive privilege, immunity or franchise whatever. 

55 Providing for building bridges, and chartering companies for 
such purposes, except on the Hudson river below Waterford, and 



CONSTITUTION OF NEW YORK. 97 

on the East river, or over the waters forming a part of the boun- 
daries of the State. 

The Legislature shall pass general laws providing for the cases 56 
enumerated in this section, and for all other cases which in its 
judgment may be provided for by general laws. But no law shall 
authorize the construction or operation of a street railroad except 
upon the condition that the consent of the owners of one-half in 
value the property bounded on, and the consent also of the local 
authorities having the control of that portion of a street or high- 
way upon which it is proposed to construct or operate such railroad 
be first obtained, or in case the consent of such property owners 
cannot be obtained, the appellate division of the Supreme Court, 
in the department in which it is proposed to be constructed, may, 
upon application, appoint three commissioners who shall determine, 
after a hearing of all parties interested, whether such railroad 
ought to be constructed or operated, and their determination, con- 
firmed by the court, may be taken in lieu of the consent of the 
property owners. 

19. Private claims. — The Legislature shall neither audit nor 57 
allow any private claim or account against the State, but may 
appropriate money to pay such claims as shall have been audited 
and allowed according to law. 

20. Appropriation bills. — The assent of two-thirds of the 58 
members elected to each branch of the Legislature, shall be requi- 
site to every bill appropriating the public moneys or property for 
local or private purposes. 

21. Appropriation bills. — No money shall ever be paid out 59 
of the treasury of this State, or any of its funds, or any of the 
funds under its management, except in pursuance of an appropria- 
tion by law ; nor unless such payment be made within two years 
next after the passage of such appropriation act ; and every such 
law making a new appropriation, or continuing or reviving an 
appropriation, shall distinctly specify the sum appropriated, and 
the object to which it is to be applied ; and it shall not be sufficient 
for such law to refer to any other law to fix such sum. 

22. Appropriation bills. — No provision or enactment shall qq 
be embraced in the annual appropriation or supply bill, unless it 
relates specifically to some particular appropriation in the bill ; 
and any such provision or enactment shall be limited in its opera- 
tion to such appropriation. 



98 GOVERNMENT OF NEW YORK. 

61 23. Limitations. — Sections seventeen and eighteen of this 
article shall not apply to any bill, or the amendments to any bill, 
which shall be reported to the Legislature by commissioners who 
have been appointed pursuant to law to revise the statutes. 

62 24. Tax bills. — Every law which imposes, continues or re- 
vives a tax shall distinctly state the tax and the object to which it 
is to be applied, and it shall not be sufficient to refer to any other 
law to fix such tax or object. 

25. On the final passage, in either house of the Legislature, of 
any act which imposes, continues or revives a tax, or creates a 
debt or charge, or makes, continues or revives any appropriation 
of public or trust money or property, or releases, discharges or 
commutes any claim or demand of the State, the question shall be 
taken by yeas and nays, which shall be duly entered upon the 
journals, and three-fifths of all the members elected to either house 
shall, in all such cases, be necessary to constitute a quorum therein. 

64 26. Supervisors. — There shall be in the several counties, ex- 
cept in cities whose boundaries are the same as those of the 
county, a board of supervisors, to be composed of such members, 
and elected in such manner, and for such period, as is or may be 
provided by law. In any such city the duties and powers of a 
board of supervisors may be devolved upon the common council 
or board of aldermen thereof. 

65 27. Local legislation. — The Legislature shall, by general 
laws, confer upon the boards of supervisors of the several counties 
of the State, such further powers of local legislation and adminis- 
tration as the Legislature may from time to time deem expedient. 

28. Compensation. — The Legislature shall not, nor shall the 
common council of any city nor any board of supervisors, grant 
any extra compensation to any public officer, servant, agent or 
contractor. 

67 29. Contract labor abolished. — The Legislature shall, by law, 

provide for the occupation and employment of prisoners sentenced 
to the several state prisons, penitentiaries, jails and reformatories 
in the State ; and on and after, the first day of January, in the 
year 1897, no person in any such prison, penitentiary, jail or re- 
formatory, shall be required or allowed to work, while under sen- 
tence thereto, at any trade, industry, or occupation, wherein or 
whereby his work, or the product or profit of his work, shall be 
farmed out, contracted, given or sold to any person, firm, associa- 



CONSTITUTION OF NEW YOEK. 99 

tion or corporation. This section shall not be construed to prevent 
the Legislature from providing that convicts may work for, and 
that the products of their labor may be disposed of to, the State or 
any political division thereof, or for or to any public institution 
owned or managed and controlled by the State, or any political 
division thereof. 

ARTICLE IV. — Executive Department. 

1. Executive power. — The executive power shall be vested in 68 
a Governor, who shall hold his office for three years ; a Lieutenant- 
Governor shall be chosen at the same time, and for the same term. 
The Governor and Lieutenant-Governor elected next preceding the 
time when this section shall take effect shall hold office until and 
including the thirty-first day of December 1896, and their suc- 
cessors shall be chosen at the general election in that year. 

2. Eligibility. — No person shall be eligible to the office of 69 
Governor or Lieutenant-Governor, except a citizen of the United 
States, of the age of not less than thirty years, and who shall have 
been five years, next preceding his election, a resident of this 
State. 

3. Election. — The Governor and Lieutenant-Governor shall be 70 
elected at the times and places of choosing members of the Assem- 
bly. The persons respectively having the highest number of votes 
for Governor and Lieutenant-Governor, shall be elected ; but in 
case two or more shall have an equal and the highest number of 
votes for Governor, or for Lieutenant-Governor the two houses of 
the Legislature, at its next annual session, shall, forthwith, by joint 
ballot, choose one of the said persons so having an equal and the 
highest number of votes for Governor or Lieutenant-Governor. 

4. Duties of Governor. — The Governor shall be Commander- 71 
in-Chief of the military and naval forces of the State. He shall 
have power to convene the Legislature (or the Senate only) on 
extraordinary occasions. At extraordinary sessions no subject shall 
be acted upon, except such as the Governor may recommend for 
consideration. He shall communicate by message to the Legisla- 
ture at every session the condition of the State, and recommend 
such matters to it as he shall judge expedient. He shall transact 
all necessary business with the officers of government, civil and 
military. He shall expedite all such measures as may be resolved 
upon by the Legislature, and shall take care that the laws are faith- 



100 GOVEKNMENT OF NEW YORK. 

fully executed. He shall receive for his services an annual salary 
of ten thousand dollars, and there shall be provided for his use a 
suitable and furnished executive residence. 

72 5. Pardons. — The Governor shall have the power to grant re- 
prieves, commutations and pardons after conviction, for all offences 
except treason and cases of impeachment, upon such conditions, 
and with such restrictions and limitations, as he may think proper, 
subject to such regulations as may be provided by law relative to 
the manner of applying for pardons. Upon conviction for treason, 
he shall have power to suspend the execution of the sentence, until 
the case shall be reported to the Legislature at its next meeting, 
when the Legislature shall either pardon, or commute the sentence, 
direct the execution of the sentence, or grant a further reprieve. 
He shall annually communicate to the Legislature each case of 
reprieve, commutation or pardon granted ; stating the name of the 
convict, the crime of which he was convicted, the sentence and its 
date, and the date of the commutation, pardon or reprieve. 

73 6. Power may devolve on Lieutenant-Governor. — In case 
of the impeachment of the Governor, or his removal from office, 
death, inability to discharge the powers and duties of the said office, 
resignation or absence from the State, the powers and duties of the 
office shall devolve upon the Lieutenant-Governor for the residue 
of the term, or until the disability shall cease. But when the Gov- 
ernor shall, with the consent of the Legislature, be out of the State 
in time of war, at the head of a military force thereof, he shall con- 
tinue commander-in-chief of all the military force of the State. 

74 7. Duties of Lieutenant-Governor. — The Lieutenant-Gov- 
ernor shall possess the same qualifications of eligibility for office as 
the Governor. He shall be president of the Senate, but shall have 
only a casting vote therein. If, during a vacancy of the office of 
Governor, the Lieutenant-Governor shall be impeached, displaced, 
resign, die, or become incapable of performing the duties of his 
office, or be absent from the State, the president of the Senate 
shall act as Governor until the vacancy be filled, or the disability 
shall cease ; and if the President of the Senate for any of the above 
causes shall become incapable of performing the duties to the office 
of Governor, the Speaker of the Assembly shall act as Governor 
until the vacancy be filled or the disability shall cease. 

75 8. Salary. — The Lieutenant-Governor shall receive for his ser- 
vices an annual salary of five thousand dollars, and shall not receive 



CONSTITUTION OF NEW YORK. 



101 



or be entitled to any other compensation, fee or perquisite for any 
duty or service he may be required to perform by the Constitution 
or by law. 

9. The veto. — Every bill which shall have passed the Senate 
and Assembly shall, before it becomes a law, be presented to the 
Governor ; if he approve, he shall sign it ; but if not, he shall 
return it with his objections to the house in which it shall have 
originated, which shall enter the objections at large on the journal, 
and proceed to reconsider it. If, after such reconsideration, two- 
thirds of the members elected to that house shall agree to pass the 
bill, it shall be sent together with the objections to the other house 
by which it shall likewise be reconsidered ; and if approved by 
two-thirds of the members elected to that house, it shall become 
a law notwithstanding the objections of the Governor. In all such 
cases the votes in both houses shall be determined by yeas and 
nays, and the names of the members voting shall be entered on 
the journal of each house respectively. If any bill shall not be 
returned by the Governor within ten days (Sundays excepted) after 
it shall have been presented to him, the same shall be a law in like 
manner as if he had signed it, unless the Legislature shall, by their 
adjournment, prevent its return, in which case it shall not become a 
law without the approval of the Governor. No bill shall become 
a law after the final adjournment of the Legislature, unless ap- 
proved by the Governor within thirty days after such adjournment. 
If any bill presented to the Governor contain several items of 
appropriation of money, he may object to one or more of such 
items while approving of the other portion of the bill. In such 
case, he shall append to the bill, at the time of signing it, a state- 
ment of the items to which he objects ; and the appropriation so 
objected to shall not take effect. If the Legislature be in session 
he shall transmit to the house in which the bill originated a copy 
of such statement, and the items objected to shall be separately 
reconsidered. If, on reconsideration, one or more of such items 
be approved by two-thirds of the members elected to each house, 
the same shall be part of the law, notwithstanding the objections 
of the Governor. All the provisions of this section, in relation to 
bills not approved by the Governor, shall apply in cases in which 
he shall withhold his approval from any item or items contained in 
a bill appropriating money. 



76 



102 GOVERNMENT OF NEW YORK. 



ARTICLE V. — Other State Officers. 

77 1. Principal State officers. — The Secretary of State, Comp- 
troller, Treasurer, Attorney- General and State Engineer and Sur- 
veyor shall be chosen at a general election, at the times and places 
of electing the Governor and Lieutenant-Governor, and shall hold 
their offices for two years, except as provided in section two of 
this article. Each of the officers in this article named, excepting 
the Speaker of the Assembly, shall, at stated times during his con- 
tinuance in office, receive for his services a compensation which 
shall not be increased or diminished during the term for which 
he shall have been elected ; nor shall he receive to his use any 
fees or perquisites of office or other compensation. No person 
shall be elected to the office of State Engineer and Surveyor who 
is not a practical civil engineer. 

78 2. When elected. — The first election of the Secretary of State, 
Comptroller, Treasurer, Attorney- General and State Engineer and 
Surveyor, pursuant to this article, shall be held in the year 1895, 
and their terms of office shall begin on the first day of January 
following, and shall be for three years. At the general election 
in the year 1898, and every two years thereafter, their successors 
shall be chosen for the term of two years. 

79 3. Superintendent of Public Works. — A Superintendent of 
Public Works shall be appointed by the Governor, by and with 
the advice and consent of the Senate, and hold his office until the 
end of the term of the Governor by whom he was nominated, and 
until his successor is appointed and qualified. He shall receive a 
compensation to be fixed by law. He shall be required by law to 
give security for the faithful execution of his office before entering 
upon the duties thereof. He shall be charged with the execution 
of all laws relating to the repair and navigation of the canals, and 
also of those relating to the construction and- improvement of the 
canals, except so far as the execution of the laws relating to such 
construction or improvement shall be confided to the State Engi- 
neer and Surveyor ; subject to the control of the Legislature, he 
shall make the rules and regulations for the navigation or use of 
the canals. He may be suspended or removed from office by the 
Governor, whenever, in his judgment, the public interest shall so 
require ; but in case of the removal of such Superintendent of 



CONSTITUTION OF NEW YORK. 103 

Public Works from office, the Governor shall file with the Secre- 
tary of State a statement of the cause of such removal, and shall 
report such removal, and the cause thereof, to the Legislature at 
its next session. The Superintendent of Public Works shall ap- 
point not more than three assistant superintendents, whose duties 
shall be prescribed by him, subject to modification by the Legis- 
lature, and who shall receive for their services a compensation 
to be fixed by law. They shall hold their office for three years, 
subject to suspension or removal by the Superintendent of Public 
Works, whenever, in his judgment, the public interest shall so re- 
quire. Any vacancy in the office of any such assistant superintend- 
ent shall be filled for the remainder of the term for which he was 
appointed by the Superintendent of Public Works ; but in case of 
the suspension or removal of any such assistant superintendent by 
him, he shall at once report to the Governor, in writing, the cause 
of such removal. All other persons employed in the care and 
management of the canals, except collectors of tolls, and those in 
the department of the State Engineer and Surveyor, shall be ap- 
pointed by the Superintendent of Public Works, and be subject 
to suspension or removal by him. The Superintendent of Public 
Works shall perform all the duties of the Canal Commissioners, 
and board of Canal Commissioners, as now declared by law, until 
otherwise provided by the Legislature. The Governor, by and 
with the advice and consent of the Senate, shall have power to fill 
vacancies in the office of Superintendent of Public Works ; if the 
Senate be not in session, he may grant commissions which shall 
expire at the end of the next succeeding session of the Senate. 

4. Superintendent of State Prisons. — A Superintendent of 
State Prisons shall be appointed by the Governor, by and with the 
advice and consent of the Senate, and hold his office for five years 
unless sooner removed ; he shall give security in such amount, and 
with such sureties as shall be required by law for the faithful dis- 
charge of his duties ; he shall have the superintendence, manage- 
ment and control of State Prisons, subject to such laws as now 
exist or may hereafter be enacted ; he shall appoint the agents, 
wardens, physicians and chaplains of the prisons. The agent and 
warden of each prison shall appoint all other officers of such prison, 
except the clerk, subject to the approval of the same by the Super- 
intendent. The Comptroller shall appoint the clerks of the prisons. 
The Superintendent shall have all the powers and perforin all the 



80 



104 GOVERNMENT OF NEW YORK. 

duties not inconsistent herewith, which were formerly had and 
performed by the Inspectors of State Prisons. The Governor may 
remove the Superintendent for cause at any time, giving to him a 
copy of the charges against him, and an opportunity to be heard 
in his defence. 

81 5. Commissioners of the Iiand Office. — The Lieutenant- 
Governor, Speaker of the Assembly, Secretary of State, Comp- 
troller, Treasurer, Attorney-General and State Engineer and 
Surveyor, shall be the Commissioners of the Land Office. The 
Lieutenant-Governor, Secretary of State, Comptroller, Treasurer 
and Attorney-General shall be the Commissioners of the Canal 
Fund. The Canal Board shall consist of the Commissioners of the 
Canal Fund, the State Engineer and Surveyor, and the Superin- 
tendent of Public Works. 

82 6. Powers and duties. — The powers and duties of the respec- 
tive Boards, and of the several officers in this article mentioned, 
shall be such as now are or hereafter may be prescribed by law. 

83 7. Treasurer may be suspended. — The Treasurer may be 
suspended from office by the Governor, during the recess of the 
Legislature, and until thirty days after the commencement of the 
next session of the Legislature, whenever it shall appear to him 
that such Treasurer has, in any particular, violated his duty. The 
Governor shall appoint a competent person to discharge the duties 
of the office during such suspension of the Treasurer. 

84 8. Certain offices abolished. — All offices for the weighing, 
gauging, measuring, culling or inspecting any merchandise, prod- 
uce, manufacture or commodity whatever, are hereby abolished, 
and no such office shall hereafter be created by law j but nothing 
in this section contained shall abrogate any office created for the 
purpose of protecting the public health or the interests of the State 
in its property, revenue, tolls, or purchases, or of supplying the 
people with correct standards of weights and measures, or shall 
prevent the creation of any office for such purposes hereafter. 

85 9. Civil service. — Appointments and promotions in the civil 
service of the State, and of all the civil divisions thereof, including 
cities and villages, shall be made according to merit and fitness to 
be ascertained, so far as practicable, by examinations, w r hich, so far 
as practicable, shall be competitive ; provided, however, that honor- 
ably discharged soldiers and sailors from the army and navy of the 
United States in the late civil war, who are citizens and residents 



CONSTITUTION OF NEW YORK. 105 

of this State, shall be entitled to preference in appointment and 
promotion, without regard to their standing on any list from which 
such appointment or promotion may be made. Laws shall be 
made to provide for the enforcement of this section. 

ARTICLE VI— Judiciary. 

1. The Supreme Court. — The Supreme Court is continued 
with general jurisdiction in law and equity, subject to such appel- 
late jurisdiction of the Court of Appeals as now is or may be pre- 
scribed by law not inconsistent with this article. The existing 
judicial districts of the State are continued until changed as here- 
inafter provided. The Supreme Court shall consist of the justices 
now in office, and of the judges transferred thereto by the fifth 
section of this article, all of whom shall continue to be Justices of 
the Supreme Court during their respective terms, and of twelve 
additional justices who shall reside in, and be chosen by the electors 
of, the several existing judicial districts, three in the first district, 
three in the second, and one in each of the other districts ; and of 
their successors. The successors of said justices shall be chosen 
by the electors of their respective judicial districts. The Legis- 
lature may alter the judicial districts once after every enumeration, 
under the Constitution, of the inhabitants of the State, and there- 
upon reapportion the justices to be thereafter elected in the dis- 
tricts so altered. 

2. Appellate Division. — The Legislature shall divide the 87 
State into four judicial departments. The first department shall 
consist of the County of New York ; the others shall be bounded 
by county lines, and be compact and equal in population as nearly 
as may be. Once every ten years the Legislature may alter the 
judicial departments, but without increasing the number thereof. 

There shall be an Appellate Division of the Supreme Court, con- 
sisting of seven justices in the first department, and of five justices 
in each of the other departments. In each department four shall 
constitute a quorum, and the concurrence of three shall be neces- 
sary to a decision. No more than five justices shall sit in any case. 

From all the justices elected to the Supreme Court the Governor 
shall designate those who shall constitute the Appellate Division 
in each department ; and he shall designate the Presiding Justice 
thereof, who shall act as such during his term of office, and shall 



106 GOVERNMENT OF NEW YORK. 

be a resident of the department. The other justices shall be desig- 
nated for terms of five years, or the unexpired portions of their 
respective terms of offices, if less than five years. From time to 
time as the terms of such designations expire, or vacancies occur, 
he shall make new designations. He may also make temporary 
designations, in case of the absence or inability to act, of any jus- 
tice in the Appellate Division. A majority of the justices desig- 
nated to sit in the Appellate Division in each department shall be 
residents of the department. Whenever the Appellate Division in 
any department shall be unable to dispose of its business within a 
reasonable time, a majority of the presiding justices of the several 
departments, at a meeting called by the presiding justice of the 
department in arrears, may transfer any pending appeals from 
such department to any other department for hearing and deter- 
mination. No justice of the Appellate Division shall exercise any 
of the powers of a justice of the Supreme Court, other than those 
of a justice out of court, and those pertaining to the Appellate 
Division or to the hearing and decision of motions submitted by 
consent of counsel. From and after the last day of December 
1895, the Appellate Division shall have the jurisdiction now exer- 
cised by the Supreme Court at its General Terms, and by the 
General Terms of the Court of Common Pleas for the City and 
County of New York, the Superior Court of the City of New York, 
the Superior Court of Buffalo and the City Court of Brooklyn, 
and such additional jurisdiction as may be conferred by the Legis- 
lature. It shall have power to appoint and remove a reporter. 

The justices of the Appellate Division in each department shall 
have power to fix the times and places for holding Special and 
Trial Terms therein, and to assign the justices in the departments 
to hold such terms ; or to make rules therefor. 

88 3. Appellate Division. — No judge or justice shall sit in the 
Appellate Division or in the Court of Appeals in review of a decis- 
ion made by him or by any court of which he was at the time a 
sitting member. The testimony in equity cases shall be taken in 
like manner as in cases at law ; and, except as herein otherwise 
provided, the Legislature shall have the same power to alter and 
regulate the jurisdiction and proceedings in law and in equity that 
it has heretofore exercised. 

89 4. Vacancies. — The official terms of the justices of the Su- 
preme Court shall be fourteen years from and including the first 



CONSTITUTION OF NEW YORK. 107 

day of January next after their election. When a vacancy shall 
occur otherwise than by expiration of term in the office of Justice 
of the Supreme Court, the same shall be filled for a full term, at 
the next general election, happening not less than three months 
after such vacancy occurs ; and, until the vacancy shall be so 
filled, the Governor by and with the advice and consent of the 
Senate, if the Senate shall be in session, or if not in session, the 
Governor may fill such vacancy by appointment, which shall con- 
tinue until and including the last day of December next after the 
election at which the vacancy shall be filled. 

5. Courts abolished. — The Superior Court of the City of New 90 
York, the Court of Common Pleas for the City and County of 
New York, the Superior Court of Buffalo, and the City Court of 
Brooklyn, are abolished from and after the first day of January 
1896, and thereupon the seals, records, papers and documents of 
or belonging to such courts, shall be deposited in the offices of the 
clerks of the several counties in which said courts now exist ; and 
all actions and proceedings then pending in such courts shall be 
transferred to the Supreme Court for hearing and determination. 
The judges of said courts in office on the first day of January 1896, 
shall, for the remainder of the terms for which they were elected 
or appointed, be Justices of the Supreme Court ; but they shall 
sit only in the counties in which they were elected or appointed. 
Their salaries shall be paid by the said counties respectively, and 
shall be the same as the salaries of the other Justices of the 
Supreme Court residing in the same counties. Their successors 
shall be elected as Justices of the Supreme Court by the electors 
of the judicial districts in which they respectively reside. 

The jurisdiction now exercised by the several courts hereby 
abolished shall be vested in the Supreme Court. Appeals from 
inferior and local courts now heard in the Court of Common Pleas 
for the City and County of New York and the Superior Court of 
Buffalo, shall be heard in the Supreme Court in such manner and 
by such justice or justices as the Appellate Division in the respec- 
tive departments which include New York and Buffalo shall direct, 
unless otherwise provided by the Legislature. 

6. Courts abolished. — Circuit Courts and Courts of Oyer and 91 
Terminer are abolished from and after the last day of December 
1895. All their jurisdiction shall thereupon be vested in the Su- 
preme Court, and all actions and proceedings then pending in such 



108 GOVERHMEXT OF NEW YORK. 

courts shall be transferred to the Supreme Court for hearing and 
determination. Any Justice of the Supreme Court, except' as 
otherwise provided in this article, may hold court in any county. 

92 7. Court of Appeals. — The Court of Appeals is continued. 
It shall consist of the Chief Judge and Associate Judges now in 
office, who shall hold their offices until the expiration of their 
respective terms, and their successors, who shall be chosen by the 
electors of the State. The official terms of the Chief Judge and 
Associate Judges shall be fourteen years from and including the 
first day of January next after their election. Five members of 
the court shall form a quorum, and the concurrence of four shall 
be necessary to a decision. The court shall have power to appoint 
and to remove its reporter, clerk and attendants. 

93 8. Vacancies filled. — When a vacancy shall occur, otherwise 
than by expiration of term, in the office of Chief or Associate Judge 
of the Court of Appeals, the same shall be filled, for a full term, at 
the next general election happening not less than three months 
after such vacancy occurs ; and until the vacancy shall be so filled, 
the Governor by and with the advice and consent of the Senate, if 
the Senate shall be in session, or if not, the Governor may fill such 
vacancy by appointment. If any such appointment of Chief Judge 
shall be made from among the Associate Judges, a temporary 
appointment of Associate Judge shall be made in like manner ; but 
in such case, the person appointed Chief Judge shall not be deemed 
to vacate his office of Associate Judge any longer than until the 
expiration of his appointment as Chief Judge. The powers and 
jurisdiction of the court shall not be suspended for want of appoint- 
ment or election, when the number of judges is sufficient to con- 
stitute a quorum. All appointments under this section shall 
continue until and including the last day of December next after 
the election at which the vacancy shall be filled. 

94 9. Court of Appeals. — After the last day of December 1895, 
the jurisdiction of the Court of Appeals, except where the judg- 
ment is of death, shall be limited to the review of questions of law. 
No unanimous decision of the Appellate Division of the Supreme 
Court that there is evidence supporting or tending to sustain a 
finding of fact or a verdict not directed by the court, shall be 
reviewed by the Court of Appeals. Except where the judgment is 
of death, appeals may be taken as of right to said court only from 
judgments or orders entered upon decisions of the Appellate Divi- 



CONSTITUTION OF NEW YOKK. 109 

sion of the Supreme Court, finally determining actions or special 
proceedings, and from orders granting new trials on exceptions, 
where the appellants stipulate that upon affirmance judgment abso- 
lute shall be rendered against them. The Appellate Division in 
any department may, however, allow an appeal upon any ques- 
tion of law which, in its opinion, ought to be reviewed by the 
Court of Appeals. 

10. Prohibitions. — The Judges of the Court of Appeals, and 95 
the Justices of the Supreme Court, shall not hold any other office 
or public trust. All votes for any of them for any other than 
a judicial office, given by the Legislature or the people, shall be 
void. 

11. Removal. — Judges of the Court of Appeals and Justices of 96 
the Supreme Court may be removed by concurrent resolution of 
both houses of the Legislature, if two-thirds of all the members 
elected to each house concur therein. All other judicial officers, 
e~;^pt Justices of the Peace and judges or justices of inferior 
courts not of record, may be removed by the Senate, on the recom- 
mendation of the Governor, if two- thirds of all the members elected 
to the Senate concur therein. But no officer shall be removed by 
virtue of this section except for cause, which shall be entered on 
the journals, nor unless he shall have been served with a statement 
of the cause alleged, and shall have had an opportunity to be 
heard. On the question of removal, the yeas and nays shall be 
entered on the journal. 

12. Compensation of judges. — The judges and justices here- 97 
inbefore mentioned shall receive for their services a compensation 
established by law, which shall not be increased or diminished dur- 
ing their official terms, except as provided in section five of this 
article. No person shall hold the office of Judge or Justice of any 
court longer than until and including the last day of December 
next after he shall be seventy years of age. No judge or justice 
elected after the first day of January 1894, shall be entitled to 
receive any compensation after the last day of December next 
after he shall be seventy years of age ; but the compensation of 
every Judge of the Court of Appeals or Justice of the Supreme 
Court elected prior to the first day of January 1894, whose term 
of office has been, or whose present term of office shall be, so 
abridged, and who shall have served as such judge or justice ten 
years or more, shall be continued during the remainder of the term 



110 GOVERNMENT OF NEW YORK. 

for which he was elected ; but any such judge or justice may, with 
his consent, be assigned by the Governor, from time to time, to 
any duty in the Supreme Court while his compensation is so con- 
tinued. 

93 13. Impeachment. — The Assembly shall have the power of 

impeachment by a vote of a majority of all the members elected. 
The court for the trial of impeachments shall be composed of the 
President of the Senate, the Senators, or a major part of them, and 
the Judges of the Court of Appeals, or the major part of them. 
On the trial of an impeachment against the Governor, the Lieu- 
tenant-Governor shall not act as a member of the court. No judi- 
cial officer shall exercise his office, after articles of impeachment 
against him shall have been preferred to the -Senate, until he shall 
have been acquitted. Before the trial of an impeachment the 
members of the court shall take an oath or affirmation, truly and 
impartially to try the impeachment, according to the evidence ; and 
no person shall be convicted without the concurrence of two-thirds 
of the members present. Judgment in cases of impeachment 
shall not extend further than to removal from office, or removal 
from office and disqualification to hold and enjoy any office of 
honor, trust or profit under this State ; but the party impeached 
shall be liable to indictment and punishment according to law. 

99 14. County Courts. — The existing County Courts are con- 

tinued, and the judges thereof now in office shall hold their 
offices until the expiration of their respective terms. In the 
County of Kings there shall be two County Judges and the addi- 
tional County Judge shall be chosen at the next general election 
held after the adoption of this article. The successors of the sev- 
eral County judges shall be chosen by the electors of the counties 
for the term of six years. County Courts shall have the powers 
and jurisdiction they now possess, and also original jurisdiction in 
actions for the recovery of money only, where the defendants re- 
side in the county, and in which the complaint demands judgment 
for a sum not exceeding two thousand dollars. The Legislature 
may hereafter enlarge or restrict the jurisdiction of the County 
Courts, provided, however, that their jurisdiction shall not be so 
extended as to authorize an action therein for the recovery of 
money only, in which the sum demanded exceeds two thousand 
dollars, or in which any person not a resident of the county is a 
defendant. 



CONSTITUTION OF NEW YOKK. Ill 

Courts of Sessions, except in the County of New York, are 
abolished from and after the last day of December 1895. All the 
jurisdiction of the Court of Sessions in each county, except the 
County of New York, shall thereupon be vested in the County 
Court thereof, and all actions and proceedings then pending in 
such Courts of Sessions shall be transferred to said County 
Courts for hearing and determination. Every County Judge shall 
perform such duties as may be required by law. His salary shall 
be established by law, payable out of the county treasury. A 
County Judge of any county may hold County Courts in any 
other county when requested by the judge of such other county. 

15. Surrogates' Courts. — The existing Surrogates' Courts 100 
are continued, and the Surrogates now in office shall hold their 
offices until the expiration of their terms. Their successors shall 
be chosen by the electors of their respective counties, and their 
terms of office shall be six years, except in the County of New 
York, where they shall continue to be fourteen years. Surrogates 
and Surrogates' Courts shall have the jurisdiction and powers 
which the Surrogates and existing Surrogates' Courts now possess, 
until otherwise provided by the Legislature. The County Judge 
shall be Surrogate of his county, except where a separate Surrogate 
has been or shall be elected. In counties having a population ex- 
ceeding forty thousand, wherein there is no separate Surrogate, 
the Legislature may provide for the election of a separate officer 
to be Surrogate, whose term of office shall be six years. , \Vhen 
the Surrogate shall be elected as a separate officer, his salary shall 
be established by law, payable out of the county treasury. No 
County Judge or Surrogate shall hold office longer than until and 
including the last day of December next after he shall be seventy 
years of age. Vacancies occurring in the office of County Judge 
or Surrogate shall be filled in the same manner as like vacancies 
occurring in the Supreme Court. The compensation of any 
County Judge or Surrogate shall not be increased or diminished 
during his term of office. For the relief of Surrogates' Courts the 
Legislature may confer upon the Supreme Court in any county 
having a population exceeding four hundred thousand, the powers 
and jurisdiction of Surrogates, with authority to try issues of fact 
by jury in probate cases. 

16. Local judges. —The Legislature may, on application of the 101 
Board of Supervisors, provide for the election of local officers, not 



112 GOVERNMENT OF NEW YORK. 

to exceed two in any county, to discharge the duties of County 
Judge and of Surrogate, in cases of their inability, or of a vacancy, 
and in such other cases as may be provided by law, and to exercise 
such other powers in special cases as are or may be provided by 
law. 

102 17. Justices of the Peace. — The electors of the several towns 
shall, at their annual town meetings, or at such other times and in 
such manner as the Legislature may direct, elect Justices of the 
Peace, whose term of office shall be four years. In case of an 
election to fill a vacancy occurring before the expiration of a full 
term, they shall hold for the residue of the unexpired term. 
Their number and classification may be regulated by law. Jus- 
tices of the Peace, and judges or justices of inferior courts not of 
record and their clerks may be removed for cause, after due notice 
and an opportunity of being heard by such courts as are or may 
be prescribed by law. Justices of the Peace and District Court 
justices may be elected in the different cities of this State, in such 
manner, and with such powers, and for such terms, respectively, 
as are or shall be prescribed by law ; all other judicial officers in 
cities, whose election or appointment is not otherwise provided 
for in this article, shall be chosen by the electors of such cities, or 
appointed by some local authorities thereof. 

103 18. Local courts. — Inferior local courts of civil and criminal 
jurisdiction may be established by the Legislature, but no inferior 
local court hereafter created shall be a Court of Record. The 
Legislature shall not hereafter confer upon any inferior or local 
court of its creation, any equity jurisdiction or any greater juris- 
diction in other respects than is conferred upon County Courts, by 
or under this article. Except as herein otherwise provided, all 
judicial officers shall be elected or appointed at such times and in 
such manner as the Legislature may direct. 

104 19. Clerks of courts. — Clerks of the several counties shall 
be Clerks of the Supreme Court, with such powers and duties as 
shall be prescribed by law. The justices of the Appellate Division 
in each department shall have power to appoint and to remove a 
clerk who shall keep his office at a place to be designated by said 
justices. The Clerk of the Court of Appeals shall keep his office 
at the seat of government. The Clerk of the Court of Appeals 
and the Clerks of the Appellate Division shall receive compensation 
to be established by law and paid out of the public treasury. 



CONSTITUTION OF NEW YOEK. 113 

20. Fees and qualifications. — No judicial officer, except 105 
Justices of the Peace, shall receive to his own use any fees or 
perquisites of office ; nor shall any Judge of the Court of Appeals, 
or Justice of the Supreme Court, or any County Judge or Surro- 
gate hereafter elected in a county having a population exceeding 
one hundred and twenty thousand, practise as an attorney or coun- 
sellor in any Court of Record in this State, or act as referee. The 
Legislature may impose a similar prohibition upon County Judges 
and Surrogates in other counties. No one shall be eligible to the 
office of Judge of the Court of Appeals, Justice of the Supreme 
Court, or, except in the County of Hamilton, to the office of County 
Judge or Surrogate, who is not an attorney and counsellor of this 
State. 

21. Publication of statutes. — The Legislature shall provide 106 
for the speedy publication of all statutes, and shall regulate the 
reporting of the decisions of the courts ; but all laws and judicial 
decisions shall be free for publication by any person. 

22. Terms of Justices of the Peace. — Justices of the Peace 107 
and other local judicial officers provided for in sections seventeen 
and eighteen, in office when this article takes effect, shall hold 
their offices until the expiration of their respective terms. 

23. Special sessions. — Courts of special session shall have 108 
such jurisdiction of offences of the grade of misdemeanors as may 
be prescribed by law. 

ARTICLE VII. — State Debts. 

1. State credit. — The Credit of the State shall not, in any man- jog 
ner, be given or loaned to, or in aid of any individual, association 
or corporation. 

2. State debts. — The State may, to meet casual deficits or no 
failures in revenues, or for expenses not provided for, contract 
debts, but such debts, direct or contingent, singly or in the aggre- 
gate, shall not, at any time, exceed one million of dollars ; and the 
moneys arising from the loans creating such debts shall be applied 
to the purpose for which they were obtained, or to repay the debt 
so contracted, and to no other purpose whatever. 

3. State debts. — In addition to the above limited power to 111 
contract debts, the State may contract debts to repel invasion, 
suppress insurrection, or defend the State in war ; but the money 
arising from the contracting of such debts shall be applied to the 



114 GOVERNMENT OF NEW YOKK. 

purpose for which it was raised, or to repay such debts, and to no 
other purpose whatever. 

112 4. Legislative power limited. — Except the debts specified 
in sections two and three of this article, no debts shall be hereafter 
contracted by or on behalf of this State, unless such debt shall be 
authorized by a law, for some single work or object, to be dis- 
tinctly specified therein ; and such law shall impose and provide 
for the collection of a direct annual tax to pay, and sufficient to 
pay the interest on such debt as it falls due and also to pay and 
discharge the principal of such debt within eighteen years from the 
time of the contracting thereof. No such law shall take effect 
until it shall, at a general election, have been submitted to the 
people, and have received a majority of all the votes cast for and 
against it, at such election. On the final passage of such bill in 
either house of the Legislature, the question shall be taken by ayes 
and noes, to be duly entered on the journals thereof, and shall be: 
' ' Shall this bill pass, and ought the same to receive the sanction of 
the people ? " 

113 The Legislature may at any time, after the approval of such law 
by the people, if no debt shall have been contracted in pursuance 
thereof, repeal the same ; and may at any time, by law, forbid the 
contracting of any further debt or liability under such law ; but 
the tax imposed by such act, in proportion to the debt and liability 
which may have been contracted, in pursuance of such law, shall 
remain in force and be irrepealable, and be annually collected, until 
the proceeds thereof shall have made the provision hereinbefore 
specified to pay and discharge the interest and principal of such 
debt and liability. The money arising from any loan or stock 
creating such debt or liability shall be applied to the work or object 
specified in the act authorizing such debt or liability, or for the 
repayment of such debt or liability, and for no other purpose what- 
ever. No such law shall be submitted to be voted on, within three 
months after its passage, or at any general election, when any other 
law or any bill, or any amendment to the Constitution shall be 
submitted to be voted for or against. 

114 5. Sinking funds. — The sinking funds provided for the pay- 
ment of interest and the extinguishment of the principal of the 
debts of the State shall be separately kept and safely invested, and 
neither of them shall be appropriated or used in any manner other 
than for the specific purpose for which it shall have been provided, 



CONSTITUTION OF NEW YORK. 115 

6. Claims barred. — Neither the Legislature, Canal Board, nor 115 
any person or persons acting in behalf of the State, shall audit, 
allow or pay any claim which, as between citizens of the State, 
would be barred by lapse of time. This provision shall not be 
construed to repeal any statute fixing the time within which claims 
shall be presented or allowed, nor shall it extend to any claims 
duly presented within the time allowed by law, and prosecuted 
with due diligence from the time of such presentment. But if the 
claimant shall be under legal disability, the claim may be presented 
within two years after such disability is removed. 

7. Forest preserve. — The lands of the State, now owned or 116 
hereafter acquired, constituting the forest preserve as now fixed by 
law, shall be forever kept as wild forest lands. They shall not be 
leased, sold or exchanged, or be taken by any corporation, public 
or private, nor shall the timber thereon be sold, removed, or 
destroyed. 

8. Canals. — The Legislature shall not sell, lease, or otherwise 117 
dispose of the Erie canal, the Oswego canal, the Champlain canal, 
the Cayuga and Seneca canal, or the Black River canal, but they 
shall remain the property of the State and under its management 
forever. The prohibition of lease, sale or other disposition herein 
contained, shall not apply to the canal known as the Main and 
Hamburg street canal, situated in the city of Buffalo, and which 
extends easterly from the westerly line of Main street to the 
westerly line of Hamburg street. All funds that may be derived 
from any lease, sale or other disposition of any canal shall be 
applied to the improvement, superintendence or repair of the 
remaining portion of the canals. 

9. The canals. — No tolls shall hereafter be imposed on persons 118 
or property transported on the canals, but all boats navigating the 
canals, and the owners and masters thereof, shall be subject to 
such laws and regulations as have been or may hereafter be enacted 
concerning the navigation of the canals. The Legislature shall 
annually, by equitable taxes, make provision for the expenses of 
the superintendence and repairs of the canals. All contracts for 
work or materials on any canal shall be made with the person who 
shall offer to do or provide the same at the lowest price with ade- 
quate security for their performance. No extra compensation 
shall be made to any contractor ; but , if, from any unforeseen 
cause, the terms of any contract shall prove to be unjust and 



116 GOVERNMENT OF NEW YOKK. 



119 



120 



121 



122 



123 



oppressive, the Canal Board may, upon the application of the 
contractor, cancel such contract. 

10. Canals. — The canals may be improved in such manner as 
the Legislature shall provide by law. A debt may be authorized 
for that purpose in the mode described by section four of this 
article, or the cost of such improvement may be defrayed by the 
appropriation of funds from the state treasury, or by equitable 
annual tax. 

ARTICLE VIII. — Corporations. 

1. How created. — Corporations may be formed under general 
laws ; but shall not be created by special act, except for municipal 
purposes, and in cases where, in the judgment of the Legislature, 
the objects of the corporation cannot be attained under general 
laws. All general laws and special acts passed pursuant to this 
section may be altered from time to time or repealed. 

2. Debts. — Dues from corporations shall be secured by such 
individual liability of the corporators and other means as may be 
prescribed by law. 

3. Definition. — The term corporations as used in this article 
shall be construed to include all association and joint-stock com- 
panies having any of the powers or privileges of corporations not 
possessed by individuals or partnerships. And all corporations 
shall have the right to sue and shall be subject to be sued in all 
courts in like cases as natural persons. 

4. Bank charters. — The Legislature shall, by general law, 
conform all charters of savings banks, or institutions for savings, 
to a uniformity of powers, rights and liabilities, and all charters 
hereafter granted for such corporations shall be made to conform 
to such general law, and to such amendments as may be made 
thereto. And no such corporation shall have any capital stock, 
nor shall the trustees thereof, or any of them, have any interest 
whatever, direct or indirect, in the profits of such corporation ; and 
no director or trustee of any such bank or institution shall be inter- 
ested in any loan or use of any money or property of such bank 
or institution for savings. The Legislature shall have no power 
to pass any act granting any special charter for banking purposes ; 
but corporations or associations may be formed for such purposes 
under general laws. 



CONSTITUTION OF NEW YORK. 117 

5. Specie payments. — The Legislature shall have no power 124 
to pass any law sanctioning in any manner, directly or indirectly, 
the suspension of specie payments, by any person, association or 
corporation issuing bank notes of any description. 

6. Registry of bills. — The Legislature shall provide by law for 125 
the registry of all bills or notes issued or put in circulation as 
money, and shall require ample security for the redemption of the 
same in specie. 

7. Stockholders responsible. — The stockholders of every 126 
corporation and joint-stock association for banking purposes shall 
be individually responsible to the amount of their respective share 
or shares of stock in any such corporation or association, for all its 
debts and liabilities of every kind. 

8. Insolvency. — In case of the insolvency of any bank or 127 
banking association, the billholders thereof shall be entitled to 
preference in payment over all other creditors of such bank or 
association. 

9. State credit. — Neither the credit nor the money of the 128 
State shall be given or loaned to or in aid of any association, cor- 
poration or private undertaking. This section shall not, however, 
prevent the Legislature from making such provision for the educa- 
tion and support of the blind, the deaf and dumb, and juvenile 
delinquents, as to it may seem proper. Nor shall it apply to any 
fund or property now held, or which may hereafter be held by the 
State for educational purposes. 

10. Limitation of power. — No county, city, town or village 129 
shall hereafter give any money or property, or loan its money or 
credit, to or in aid of any individual, association or corporation, or 
become, directly or indirectly, the owner of stock in or bonds of 
any association or corporation, nor shall any such county, city, 
town or village be allowed to incur any indebtedness, except for 
county, city, town or village purposes. This section shall not pre- 

. vent such county, city, town or village from making such provision 
for the aid or support of its poor, as may be authorized by law. 
No county or city shall be allowed to become indebted for any 
purpose or in any manner to an amount which, including existing 
indebtedness, shall exceed ten per centum of the assessed valua- 
tion of the real estate of such county or city subject to taxation, as 
it appeared by the assessment-rolls of said county or city on the 
last assessment for State or county taxes prior to the incurring of 



118 



GOVERNMENT OF NEW YORK. 



130 



such indebtedness ; and all indebtedness in excess of such limitation, 
except such as may now exist, shall be absolutely void, except as 
herein otherwise provided. No county or city whose present indebt- 
edness exceeds ten per centum of the assessed valuation of its real 
estate subject to taxation shall be allowed to become indebted in 
any further amount until such indebtedness shall be reduced within 
such limit. This section shall not be construed to prevent the 
issuing of certificates of indebtedness or revenue bonds issued in 
anticipation of the collection of taxes for amounts actually con- 
tained, or to be contained in the taxes for the year when such cer- 
tificates or revenue bonds are issued and payable out of such taxes. 
Nor shall this section be construed to prevent the issue of bonds to 
provide for the supply of water, but the term of the bonds issued 
to provide for the supply of water shall not exceed twenty years, 
and a sinking fund shall be created on the issuing of the said bonds 
for their redemption, by raising annually a sum which will produce 
an amount equal to the sum of the principal and interest of said 
bonds at their maturity. All certificates of indebtedness or reve- 
nue bonds issued in anticipation of the collection of taxes, which 
are not retired within five years after their date of issue, and bonds 
issued to provide for the supply of water, and any debt hereafter 
incurred by any portion or part of a city, if there shall be any such 
debt, shall be included in ascertaining the power of the city to 
become otherwise indebted. Whenever hereafter the boundaries 
of any city shall become the same as those of a county, the power 
of the county to become indebted shall cease, but the debt of the 
county at that time existing shall not be included as a part of the 
city debt. The amount hereafter to be raised by tax for county 
or city purposes, in any county containing a city of over one hun- 
dred thousand inhabitants, or any such city of this State, in addi- 
tion to providing for the principal and interest of existing debt, 
shall not in the aggregate exceed in any one year two per centum 
of the assessed valuation of the real and personal estate of such 
county or city, to be ascertained as prescribed in this section in 
respect to county or city debt. 

11. State boards and commissions. — The Legislature shall 
provide for a State Board of Charities, which shall visit and inspect 
all institutions, whether State, county, municipal, incorporated or 
not incorporated, which are of a charitable, eleemosynary, correc- 
tional or reformatory character, excepting only such institutions as 



CONSTITUTION OF NEW YORK. 119 

are hereby made subject to the visitation and inspection of either 
of the commissions hereinafter mentioned, but including all re- 
formatories, except those in which adult males convicted of felony 
shall be confined ; a State Commission in Lunacy, which shall visit 
and inspect all institutions, either public or private, used for the 
care and treatment of tlie insane (not including institutions for 
epileptics or idiots) ; a State Commission of Prisons, which shall 
visit and inspect all institutions used for the detention of sane 
adults charged with or convicted of crime, or detained as witnesses 
or debtors. 

12. State boards and commissions. — The members of the 131 
said board and of the said commissions shall be appointed by the 
Governor, by and with the advice and consent of the Senate ; and 
any member may be removed from office by the Governor for cause, 
an opportunity having been given him to be heard in his defence. 

13. State boards and commissions. — Existing laws relating 132 
to institutions referred to in the foregoing sections and to their 
supervision and inspection, in so far as such laws are not inconsis- 
tent with the provisions of the Constitution, shall remain in force 
until amended or repealed by the Legislature. The visitation and 
inspection herein provided for shall not be exclusive of other 
visitation and inspection now authorized by law. 

14. Education and support of blind and others. — Noth- 133 
ing in this Constitution contained shall prevent the Legislature 
from making such provision for the education and support of the 
blind, the deaf and dumb, and juvenile delinquents, as to it may 
seem proper ; or prevent any county, city, town or village from 
providing for the care, support, maintenance and secular education 
of inmates of orphan asylums, homes for dependent children or 
correctional institutions, whether under public or private control. 
Payments by counties, cities, towns or villages to charitable, 
eleemosynary, correctional and reformatory institutions, wholly or 
partly under private control, for care, support and maintenance, 
may be authorized, but shall not be required, by the Legislature. 
No such payments shall be made for any inmate of such institu- 
tions who is not received and retained therein pursuant to rules 
established by the State Board of Charities. Such rules shall be 
subject to the control of the Legislature by general laws. 

15. State boards and commissions. — Commissioners of the 134 
State Board of Charities and commissioners of the State Commission 






120 



GOVERNMENT OF NEW YORK. 



in Lunacy, now holding office, shall be continued in office for the 
term for which they were appointed, respectively, unless the 
Legislature shall otherwise provide. The Legislature may confer 
upon the commissioners and upon the board mentioned in the fore- 
going sections any additional powers that are not inconsistent with 
other provisions of the Constitution. 

ARTICLE IX. — School Funds. 

135 1. Common schools. — The Legislature shall provide for the 
maintenance and support of a system of free common schools, 
wherein all the children of this State may be educated. 

136 2. The Regents. — The corporation created in the year 1784, 
under the name of The Regents of the University of the State of 
New York, is hereby continued under the name of The University 
of the State of New York. It shall be governed, and its corporate 
powers, which may be increased, modified or diminished by the 
Legislature, shall be exercised, by not less than nine regents. 

137 3. Support of schools. — The capital of the common school 
fund, the capital of the literature fund, and the capital of the 
United States deposit fund, shall be respectively preserved invio- 
late. The revenue of the said common school fund shall be applied 
to the support of common schools ; the revenue of the said litera- 
ture fund shall be applied to the support of academies, and the 
sum of twenty-five thousand dollars of the revenues of the United 
States deposit fund shall each year be appropriated to and made 
part of the capital of the said common school fund. 

138 4. Sectarian schools. — Neither the State, nor any subdivision 
thereof, shall- use its property or credit or any public money, or 
authorize or permit either to be used, directly or indirectly, in aid 
or maintenance, other than for examination or inspection, of any 
school or institution of learning wholly or in part under the con- 
trol or direction of any religious denomination, or in which any 
denominational tenet or doctrine is taught. 

ARTICLE X. — County Officers. 

139 1. Elections. — Sheriffs, clerks of counties, District Attorneys, 
and Registers in counties having registers, shall be chosen by the 
electors of the respective counties, once in every three years, and 






CONSTITUTION OF NEW YORK. 121 

as often as vacancies shall happen, except in the counties of New- 
York and Kings, and in counties whose boundaries are the same 
as those of a city, where such officers shall be chosen by the elec- 
tors once in every two or four years as the Legislature shall direct. 
Sheriffs shall hold no other office, and be ineligible for the next 
term after the termination of their offices. They may be required 
by law to renew their security, from time to time, and in default 
of giving such new security, their offices shall be deemed vacant. 
But the county shall never be made responsible for the acts of the 
sheriff. The Governor may remove any officer in this section men- 
tioned, within the term for which he shall have been elected, giving 
to such officer a copy of the charges against him, and an opportunity 
of being heard in his defence. 

2. Choosing other officers. — All county officers whose elec- 140 
tion or appointment is not provided for by this Constitution, shall 
be elected by the electors of the respective counties or appointed 
by the Boards of Supervisors, or other county authorities, as the 
Legislature shall direct. All city, town and village officers, whose 
election or appointment is not provided for by this Constitution, 
shall be elected by the electors of such cities, towns and villages, 
or of some division thereof, or appointed by such authorities there- 
of, as the Legislature shall designate for that purpose. All other 
officers whose election or appointment is not provided for by this 
Constitution, and all officers whose offices may hereafter be created 
by law, shall be elected by the people, or appointed, as the Legis- 
lature may direct. 

3. Term of office. — When the duration of any office is not pro- 141 
vided by this Constitution, it may be declared by law, and if not 
so declared, such office shall be held during the pleasure of the 
authority making the appointment. 

4. Time of election. — The time of electing all officers named 142 
in this article shall be prescribed by law. 

5. Vacancies. — The Legislature shall provide for filling vacan- 143 
cies in office, and in case of elective officers no person appointed 
to fill a vacancy shall hold his office by virtue of such appointment 
longer than the commencement of the political year next succeed- 
ing the first annual election after the happening of the vacancy. 

6. Political year. — The political year and Legislative term 144 
shall begin on the first day of January ; and the Legislature shall, 
every year, assemble on the first Wednesday in January. 



122 



GOVERNMENT OF NEW YORK. 



145 7. Removal. — Provision shall be made by law for the removal 
for misconduct or malversation in office of all officers (except 
judicial) whose powers and duties are not local or legislative and 
who shall be elected at general elections, and also for supplying 
vacancies created by such removal. 

146 8. Offices deemed vacant. — The Legislature may declare the 
cases in which any office shall be deemed vacant when no provision 
is made for that purpose in this Constitution. 

9. Salaries. — No officer whose salary is fixed by the Constitu- 
tion shall receive any additional compensation. Each of the other 
State officers named in the Constitution shall, during his continu- 
ance in office, receive a compensation, to be fixed by law, which 
shall not be increased or diminished during the term for which he 
shall have been elected or appointed ; nor shall he receive to his 
use, any fees or perquisites of office or other compensation. 



ARTICLE XI— Militia. 

148 1. The militia. — All able-bodied male citizens between the 
ages of eighteen and forty-five years, who are residents of the 
State, shall constitute the militia, subject however to such exemp- 
tions as are now, or may be hereafter, created by the laws of the 
United States, or by the Legislature of this State. 

149 2. The militia. — The Legislature may provide for the enlist- 
ment into the active force of such other persons as may make 
application to be so enlisted. 

150 3. The militia. — The militia shall be organized and divided 
into such land and naval, and active and reserve forces, as the 
Legislature may deem proper, provided however that there shall be 
maintained at all times a force of not less than ten thousand 
enlisted men, fully uniformed, armed, equipped, disciplined and 
ready for active service. And it shall be the duty of the Legisla- 
ture at each session to make sufficient appropriations for the main- 
tenance thereof. 

151 4. Officers; how appointed. — The Governor shall appoint 
the Chiefs of the several staff departments, his Aides-de-Camp and 
military secretary, all of whom shall hold office during his pleasure, 
their commissions to expire with the term for which the Governor 
shall have been elected ; he shall also nominate, and with the con- 
sent of the Senate, appoint all Major- Generals. 



CONSTITUTION OF NEW YOKK. 123 

5. Officers ; how appointed. — All other commissioned and 152 
non-commissioned officers shall be chosen or appointed in such 
manner as the Legislature may deem most conducive to the 
improvement of the militia, provided however that no law shall be 
passed changing the existing mode of election and appointment 
unless two-thirds of the members present in each house shall con- 
cur therein. 

6. Officers ; removal. — The commissioned officers shall be 153 
commissioned by the Governor as Commander-in-Chief. No com- 
missioned officer shall be removed from office during the term for 
which he shall have been appointed or elected, unless by the Senate 
on the recommendation of the Governor, stating the grounds on 
which such removal is recommended, or by the sentence of a court- 
martial, or upon the findings of an examining board organized pur- 
suant to law, or for absence without leave for a period of six months 
or more. 

ARTICLE XII. — Cities and Villages. 

1. Government of cities and villages. — It shall be the duty 154 
of the Legislature to provide for the organization of cities and 
incorporated villages, and to restrict their power of taxation, 
assessment, borrowing money, contracting debts and loaning 
their credit, so as to prevent abuses in assessments, and in con- 
tracting debt by such municipal corporations. 

2. Special city laws. — All cities are classified according to 155 
the latest State enumeration, as from time to time made, as fol- 
lows : The first class includes all cities having a population of two 
hundred and fifty thousand, or more ; the second class, all cities 
having a population of fifty thousand and less than two hundred 
and fifty thousand ; the third class, all other cities. Laws relating 
to the property, affairs or government of cities, and the several 
departments thereof, are divided into general and special city laws ; 
general city laws are those which relate to all the cities of one or 
more classes ; special city laws are those which relate to a single 
city, ^or to less than all the cities of a class. Special city laws 
shall not be passed except in conformity with the provisions of 
this section. After any bill for a special city law, relating to a 
city, has been passed by both branches of the Legislature, the 
house in which it originated shall immediately transmit a certified 
copy thereof to the mayor of such city, and within fifteen days 



124 



GOVERNMENT OF NEW YORK. 



156 



thereafter the mayor shall return such bill to the house from which 
it was sent, or if the session of the Legislature at which such bill 
was passed has terminated, to the Governor, with the mayor's cer- 
tificate thereon, stating whether the city has or has not accepted 
the same. 

In every city of the first class, the mayor, and in every other 
city, the mayor and the legislative body thereof concurrently, 
shall act for such city as to such bill ; but the Legislature may 
provide for the concurrence of the legislative body in cities of the 
first class. The Legislature shall provide for a public notice and 
opportunity for a public hearing concerning any such bill in every 
city to which it relates, before action thereon. Such a bill, if it 
relates to more than one city, shall be transmitted to the mayor of 
each city to which it relates, and shall not be deemed accepted 
unless accepted as herein provided, by every such city. Whenever 
any such bill is accepted as herein provided, it shall be subject, as 
are other bills, to the action of the Governor. Whenever, during 
the session at which it was passed, any such bill is returned with- 
out the acceptance of the city or cities to which it relates, or 
within such fifteen days is not returned, it may nevertheless again 
be passed by both branches of the Legislature, and it shall then be 
subject, as are other bills, to the action of the Governor. In every 
special city law which has been accepted by the city or cities to 
which it relates, the title shall be followed by the words " accepted 
by the city " or " cities," as the case may be ; in every such law 
which is passed without such acceptance, by the words "passed with- 
out the acceptance of the city," or " cities," as the case may be. 

3. City elections. — All elections of city officers, including 
supervisors and judicial officers of inferior local courts, elected in 
any city or part of a city, and of county officers elected in the 
counties of New York and Kings, and in all counties whose boun- 
daries are the same as those of a city, except to fill vacancies, 
shall be held on the Tuesday succeeding the first Monday in 
November in an odd-numbered year, and the term of every such 
officer shall expire at the end of an odd-numbered year. The 
terms of office of all such officers, elected before the first day of 
January 1895, whose successors have not then been elected, which 
under existing laws would expire with an even-numbered year, or 
in an odd-numbered year and before the end thereof, are extended 
to and including the last day of December next following the time 



CONSTITUTION OF NEW YORK. 125 

when such terms would otherwise expire ; the terms of office of all 
such officers, which under existing laws would expire in an even- 
numbered year and before the end thereof, are abridged so as to 
expire at the end of the preceding year. This section shall not 
apply to any city of the third class, or to elections of any judicial 
officer, except judges and justices of inferior local courts. 

ARTICLE XIII. — Oath of Office. 

1. Form prescribed. — Members of the Legislature, and all 157 
officers, executive and judicial, except such inferior officers as shall 
be by law exempted, shall, before they enter on the duties of their 
respective offices, take and subscribe the following oath or affirma- 
tion : "I do solemnly swear (or affirm) that I will support the 
Constitution of the United States, and the Constitution of the State 
of New York, and that I will faithfully discharge the duties of the 
office of according to the best of my ability ; ' ' 
and all such officers who shall have been chosen at any election 
shall, before they enter on the duties of their respective offices, 
take and subscribe the oath or affirmation above prescribed, 
together with the following addition thereto, as part thereof : 

" And I do further solemnly swear (or affirm) that I have not 158 
directly or indirectly paid, offered or promised to pay, contributed, 
or offered or promised to contribute, any money or other valuable 
thing as a consideration or reward for the giving or withholding a 
vote at the election at which I was elected to said office, and have 
not made any promise to influence the giving or withholding any 
such vote, 1 ' and no other oath, declaration or test, shall be required 
as a qualification for any office of public trust. 

2. Any person holding office under the laws of this State, who, 159 
except in payment of his legal salary, fees or perquisites, shall 
receive or consent to receive, directly or indirectly, any thing of 
value or of personal advantage, or the promise thereof, for per- 
forming or omitting to perform any official act, or with the express 
or implied understanding that his official action or omission to act 
is to be in any degree influenced thereby, shall be deemed guilty of 
a felony. This section shall not affect the validity of any existing 
statute in relation to the offence of bribery. 

3. Any person who shall offer or promise a bribe to an officer, 160 
if it shall be received, shall be deemed guilty of a felony and liable 
to punishment, except as herein provided. No person offering a 



126 



GOVERNMENT OF NEW YORK. 



bribe shall, upon any prosecution of the officer for receiving such 
bribe, be privileged from testifying in relation thereto, and he shall 
not be liable to civil or criminal prosecution therefor, if he shall 
testify to the giving or offering of such bribe. Any person who 
shall offer or promise a bribe, if it be rejected by the officer to 
whom it was tendered, shall be deemed guilty of an attempt to 
bribe, which is hereby declared to be a felony. 

161 4. Any person charged with receiving a bribe, or with offering or 
promising a bribe, shall be permitted to testify in his own behalf in 
any civil or criminal prosecution therefor. 

162 5. Free passes. — No public officer, or person elected or ap- 
pointed to a public office, under the laws of this State, shall 
directly or indirectly, ask, demand, accept, receive or consent to 
receive for his own use or benefit, or for the use or benefit of 
another, any free pass, free transportation, franking privilege or 
discrimination in passenger, telegraph or telephone rates, from any 
person or corporation, or make use of the same himself or in con- 
junction with another. A person who violates any provision of 
this section shall be deemed guilty of a misdemeanor, and shall 
forfeit his office at the suit of the Attorney- General. Any cor- 
poration or officer or agent thereof, who shall offer or promise to a 
public officer, or person elected or appointed to a public office, any 
such free pass, free transportation, franking privilege or discrimina- 
tion, shall also be deemed guilty of a misdemeanor and liable to 
punishment, except as herein provided. No person, or officer, or 
agent of a corporation giving any such free pass, free transporta- 
tion, franking privilege or discrimination hereby prohibited, shall 
be privileged from testifying in relation thereto, and he shall not 
be liable to civil or criminal prosecution therefor, if he shall 
testify to the giving of the same. 

163 6. Any District Attorney who shall fail faithfully to prosecute a 
person charged with the violation in his county of any provision of 
this article which may come to his knowledge shall be removed from 
office by the Governor, after due notice and an opportunity of being 
heard in his defence. The expenses which shall be incurred by 
any county, in investigating and prosecuting any charge of bribery 
or attempting to bribe any person holding office under the laws of 
this State, within such county, or of receiving bribes by any such 
person in said county, shall be a charge against the State, and their 
payment by the State shall be provided for by law. 



CONSTITUTION OF NEW YORK. 127 



ARTICLE XIV. —Amendments. 

1. How made. — Any amendment or amendments to this Con- 164 
stitution may be proposed in the Senate and Assembly ; and if the 
same shall be agreed to by a majority of the members elected to 
each of the two houses, such proposed amendment or amendments 
shall be entered on their journals, with the yeas and nays taken 
thereon, and referred to the Legislature to be chosen at the next 
general election of Senators, and shall be published for three 
months previous to the time of making such choice ; and if in the 
Legislature so next chosen, as aforesaid, such proposed amend- 
ment or amendments shall be agreed to by a majority of all the 
members elected to each house, then it shall be the duty of the 
Legislature to submit such proposed amendment or amendments 
to the people for approval, in such manner and at such time as the 
Legislature shall prescribe ; and if the people shall approve and 
ratify such amendment or amendments, by a majority of the 
electors voting thereon, such amendment or amendments shall 
become part of the Constitution from and after the first day of 
January next after such approval. 

2. Constitutional conventions. — At the general election to 165 
be held in the year 1916, and every twentieth year thereafter, and 
also at such times as the Legislature may by law provide, the 
question, " Shall there be a convention to revise the Constitution 
and amend the same?" shall be decided by the electors of the 
State ; and in case a majority of the electors voting thereon shall 
decide in favor of a convention for such purpose, the electors of 
every Senate district of the State, as 'then organized, shall elect 
three delegates at the next ensuing general election at which Mem- 
bers of the Assembly shall be chosen, and the electors of the State 
voting at the same election shall elect fifteen delegates-at-large. 
The delegates so elected shall convene at the capitol on the first 
Tuesday of April next ensuing after their election, and shall con- 
tinue their session until the business of such convention shall have 
been completed. Every delegate shall receive for his services the 
same compensation and the same mileage as shall then be annually 
payable to the Members of the Assembly. A majority of the con- 
vention shall constitute a quorum for the transaction of business, 
and no amendment to the Constitution shall be submitted for 



128 



GOVERNMENT OF NEW YORK. 



166 



approval to the electors as hereinafter provided, unless by the 
assent of a majority of all the delegates elected to the convention, 
the yeas and nays being entered on the journal to be kept. The 
convention shall have the power to appoint such officers, employes 
and assistants as it may deem necessary, and fix their compensa- % 
tion and to provide for the printing of its documents, journal and 
proceedings. The convention shall determine the rules of its own 
proceedings, choose its own officers, 'and be the judge of the elec- 
tion, returns and qualifications of its members. In case of a 
vacancy, by death, resignation or other cause, of any district 
delegate elected to the convention, such vacancy shall be filled by 
a vote of the remaining delegates representing the district in which 
such vacancy occurs. If such vacancy occurs in the office of a 
delegate-at-large, such vacancy shall be filled by a vote of the 
remaining delegates-at-large. Any proposed constitution or con- 
stitutional amendment which shall have been adopted by such 
convention, shall be submitted to a vote of the electors of the State 
at the time and in the manner provided by such convention, at 
an election which shall be held not less than six weeks after the 
adjournment of such convention. Upon the approval of such con- 
stitution or constitutional amendments, in the manner provided 
in the last preceding section, such constitution or constitutional 
amendment shall go into effect on the first day of January next 
after such approval. 

3. Priority of amendments. — Any amendment proposed by 
a constitutional convention relating to the same subject as an 
amendment proposed by the Legislature, coincidently submitted 
to the people for approval at the general election held in the year 
1894, or at any subsequent 'election, shall, if approved, be deemed 
to supersede the amendment so proposed by the Legislature. 



ARTICLE XV. 



1. This Constitution shall be in force from and including the 
first day of January 1895, except as herein otherwise provided. 



SENATE DISTRICTS. 129 



SENATE DISTRICTS. 

I. Suffolk and Richmond Counties. 
II. Queens County. 

III. The First, Second, Third, Fourth, Fifth and Sixth wards of 

Brooklyn. 

IV. The Seventh, Thirteenth, Nineteenth and Twenty-first wards 

of Brooklyn. 
V. The Eighth, Tenth, Twelfth, Thirtieth and Thirty-first wards 
of Brooklyn. 
VI. The Ninth, Eleventh, Twentieth and Twenty-second wards 

of Brooklyn. 
VII. The Fourteenth, Fifteenth, Sixteenth and Seventeenth wards 

of Brooklyn. 
VIII. The Twenty-third, Twenty-fourth, Twenty-fifth^and Twenty- 
ninth wards of Brooklyn and the town of Flatlands. 
IX. The Eighteenth, Twenty- six, Twenty -seventh and Twenty- 
eighth wards of Brookyn. 
X. to XXI., inclusive, are wholly within the County of New York. The 
boundaries are arbitrary, being fixed without regard to 
ward lines. 
XXII. Westchester County. 

XXIII. Orange and Rockland Counties. 

XXIV. Dutchess, Columbia and Putnam Counties. 
XXV. Ulster and Greene Counties. 

XXVI. Delaware, Chenango and Sullivan Counties. 

XXVII. Montgomery, Fulton, Hamilton and Schoharie Counties. 

XXVIII. Saratoga, Schenectady and Washington Counties. 

XXIX. Albany County. 

XXX. Rensselaer County. 

XXXI. Clinton, Essex and Warren Counties. 

XXXII. St. Lawrence and Franklin Counties. 

XXXIII. Otsego and Herkimer Counties. 

XXXIV. Oneida County. 

XXXV. Jefferson and Lewis Counties. 

XXXVI. Onondaga County. 

XXXVII. Oswego and Madison Counties. 

XXXVIII. Broome, Cortland and Tioga Counties. 

XXXIX. Cayuga and Seneca Counties. 

XL. Chemung, Tompkins and Schuyler Counties. 



130 



GOVERNMENT OF NEW YORK. 



XLI. Steuben and Yates Counties. 
XLII. Ontario and Wayne Counties. 

XLIII. The part of Monroe County comprising the towns of Brighton, 
Henrietta, Irondequoit, Mendon, Penfield, Perrinton, Pitts- 
ford, Rush, Webster, also the Fourth, Sixth, Seventh, 
Eighth, Twelfth, Thirteenth, Fourteenth, Sixteenth, Seven- 
teenth and Eighteenth wards of Rochester. 
XLIV. The towns of Chili, Clarkson, Gates, Greece, Hamlin, Ogden, 
Parma, Riga, Sweden and Wheatland in the County of 
Monroe, and the First, Second, Fifteenth, Nineteenth and 
Twentieth wards of the city of Rochester. 
XLY. Niagara, Genesee and Orleans Counties. 
XL VI. Allegany, Livingston and Wyoming Counties. 
XL VII. The First, Second, Third, Sixth, Fifteenth, Nineteenth, Twen- 
tieth, Twenty-first, Twenty -second, Twenty- third and 
Twenty- fourth wards of Buffalo. 
XL VIII. The Fourth, Fifth, Seventh, Eighth, Ninth, Tenth, Eleventh, 
Twelfth, Thirteenth, Fourteenth and Sixteenth wards of 
Buffalo. 
XLIX. The Seventeenth, Eighteenth and Twenty-fifth wards of 
Buffalo and the remainder of Erie County. 
L. Chautauqua and Cattaraugus Counties. 



THE ASSEMBLY DISTRICTS. 

Allegany, Chemung, Chenango, Clinton, Columbia, Cortland, Delaware, 
Essex, Franklin, Genesee, Greene, Herkimer, Lewis, Livingston, Madi- 
son, Montgomery, Ontario, Orleans, Otsego, Putnam, Richmond, Rock- 
land, Saratoga, Schenectady, Schoharie, Schuyler, Seneca, Sullivan, 
Tioga, Tompkins, Warren, Washington, Wayne, Wyoming and Yates 
Counties are each one district. Fulton and Hamilton are united, form- 
ing one district. 

Broome, Cattaraugus, Cayuga, Chautauqua, Dutchess, Jefferson, Niagara, 
Orange, Oswego, St. Lawrence, Steuben, Suffolk and Ulster Counties 
have each two districts. 

Oneida, Queens, Rensselaer and Westchester Counties have each three 
districts. 

Albany, Monroe and Onondaga Counties have each four districts. 

Erie County has eight districts. 

Kings County has twenty-one districts. 

New York County has thirty-five districts. 



TABLE OF DEPARTMENTS, DISTRICTS, ETC. 



131 



TABLE OF DEPARTMENTS, DISTRICTS, AND COUNTIES, 
EMBRACED IN A GENERAL TERM OF THE SUPREME 
COURT. 



First Department 

Consists of 



First District. 



Second Department 
Consists of 



Second District. * 



City and County 
of New York. 

Counties : 
Richmond, 
Kings, 
Queens, 
Suffolk, 
Westchester, 
Putnam, 
Dutchess, 
Orange, and 
Rockland. 



Third Department 
Consists of 



Third District. - 



Fourth District. 



Counties : 
Columbia, 
Rensselaer, 
Sullivan, 
Ulster, 
Albany, 
Greene, and 
Schoharie. 

Counties : 
Warren, 
Saratoga, 
St. Lawrence, 
Washington, 
Essex, 
Franklin, 
Clinton, 
Montgomery, 
Hamilton, 
Fulton, and 
, Schenectady. 



132 



GOVERNMENT OF NEW YORK. 



Fourth Department 

Consists of 



Fifth District. 



Sixth District. - 



Counties : 
Onondaga, 
Jefferson, 
Oneida, 
Oswego, 
Herkimer, and 
Lewis. 

Counties : 
Otsego, 
Delaware, 
Madison, 
Chenango, 
Tompkins, 
Broome, 
Chemung, 
Schuyler, 
Tioga, and 
Cortland. 



Fifth Department 
Consists of 



Seventh District. 



; Eighth District. 



Counties : 
Livingston, 
Ontario, 
Wayne, 
Yates, 
Steuben, 
Seneca, 
Cayuga, and 
Monroe. 

Counties : 
Erie, 

Chautauqua, 
Cattaraugus, 
Orleans, 
Niagara, 
Genesee, 
Allegany, and 
Wyoming. 



INDEX 



CONSTITUTION AND LOCAL AND STATE GOVERNMENT 
OF THE STATE OF NEW YORK. 



Academies, 65, 66 ; support of, 120. 

Actions or suits, by or against corpo- 
rations, 116, 117. 

Adjournment, neither house to adjourn 
without consent of the other, 95. 

Agricultural land, right of drainage, 
64, 87 ; certain leases or grants to be 
void, 88; experiment station, 27. 

Alienation of lands, restraints upon, 
to be void, 88. 

Aliens may not vote, 7 ; not counted in 
apportionment, 91. 

Amendments, 5, 6, 95, 127, 128 ; princi- 
pal ones of 1894, 64, 65. 

Apportionment, review of, 10; for As- 
sembly and Senate, 64, 91, 92, 93, 94, 
95. 

Appropriations, 12, 13, 97. 

Assembly, 9, 10, 11; accepting U. S. 
office, vacates seat of member, 10, 
94; compensation of members, 10, 
94; election to be held in Novem- 
ber, 95 ; has the power of impeach- 
ment, 110; majority of, necessary 
to pass bills, 11, 12, 95, 96; mem- 
bers not to be questioned else- 
where for words said in debate, 11, 
95 ; members not to receive civil 
appointments, 11, 12, 94, 95 ; mem- 
bers not to receive state civil ap- 
pointments, 94, 95; not to adjourn 



without the consent of the Senate, 
95; number of members, 10, 93, 94; 
number, when and how apportioned 
and chosen, 9, 10, 92, 93, 94; to 
choose its own officers, 11, 95; to 
judge of qualifications, election, etc., 
11, 95; to keep a journal, and pub- 
lish the same, 11, 95; to sit with 
open door, except, etc., 11, 95; who 
ineligible to, 10, 95; districts, 55, 
130. 

Assessors, the, 46. 

Attorney-general, 17, 102, 104. 

Attorney, district, 39, 40, 43. 

Australian ballot system, form of, 8. 

Ayes and noes, 96, 98, 101, 109, 114, 
127. 

Bail, 39 ; excessive, not to be required, 
86. 

Ballot, method of voting by, 8; elec- 
tions to be by, except for town offi- 
cers, 91. 

Banking, 116, 117. 

Bank notes or bills, 117. 

Betting on elections, persons to be ex- 
cluded from voting, 7, 90. 

Bills, 11, 12, 13, 96, 97, 98, 101, 114. 

Board of Aldermen, 50. 

Board of Claims, 18, 19. 

Board of Education, 77, 78. 



133 



134 



INDEX. 



Boards of Registry, 8, 91. 
Board of Health, state, 23, 24. 
Board of Railroad Commissioners, 19, 

20. 
Borrowing money, 113, 114, 117, 118. 
Bribery, 90. 
Bridges, 53, 96, 97. 

Brooklyn, city court abolished in, 32. 
Buffalo, superior courts abolished in, 

32. 

Canals, 54, 65, 115, 116. 

Canal Board, 103, 104, 115, 116. 

Canals not to be sold, leased, etc., 

115. 
Census, 91. 

Charities, Board of, 29. 
Charter, a, 48. 
Constitution, a, 5; summary of changes 

in 1894, 64, 65. 
Cities, 5, 48, 49; classification of, 48, 

123; officers, 49; time of elections, 

124, 125 ; bills affecting, to be re- 
ferred, 123, 124. 
Citizens, 7, 86, 87. 
City and village superintendents of 

schools, 78. 
Civil Service Commission, 21, 22. 
Corrupt Practices Act, 59. 
Counties, 42, 43, 92, 93, 94, 117, 120, 

121. 
County seats, change of, 96. 
Clerk, register, sheriff, and district 

attorney of New York and Kings 

counties, 120, 121. 
County officers, election, etc., 120, 

121. 
Crime, no one to answer, except on 
. presentments, etc., 38, 39, 87. 
Criminal cases, no one to be witness 

against himself, 89. 
Clerk of court of appeals, 108, 112. 
Clerk of the supreme court, county 

clerks to be, 112. 
Code commissioners abolished, 65. 
Civil service, 21, 22, 104, 105. 
Collector, the, 46, 47. 
Colonial acts, the law of this state, 88, 

89. 



Commissioners of the canal fund, 
powers and duties, 103, 104. 

Commissioners to frame code, abol- 
ished. 

Commissioners of the land office, 104. 

Common law, part of the law of this 
state, 88, 89. 

Common Council, 50. 

Common school fund, 120. 

Compensation of county judges, 85, 
111; of judges of court of appeals 
and justices of supreme court, 85, 
109, 110 ; of members of the legisla- 
ture, 10, 94 ; of the governor, 15, 85, 
100; of the lieutenant-governor, 15, 
85, 100, 101. 

Comptroller, 17, 102, 103, 104. 

Compulsory education, 83, 84. 

Congress, members of, ineligible to 
the legislature, 10, 95. 

Conscience, liberty of, 86. 

Constitution, definition, 5; amend- 
ments, 5, 6, 127, 128. 

Contract labor in prisons abolished, 64, 
98, 99. 

Contractors, 96, 97, 115, 116. 

Coroners, 44, 45. 

Corporate rights or charters not af- 
fected, 89. 

Corporations, 116, 117. 

Counties, defined, etc., 42, 43; Senate 
and Assembly districts of, 92, 93, 94, 
129,130; officers, 120, 121. 

County clerks, 43, 44, 112, 120, 121; 
vacancies, how filled, 121. 

County courts, powers and jurisdic- 
tion, 31, 110, 111. 

County judge, and surrogate, 31, 111. 

County treasurer, 44. 

Courts, the, 30, 105-113. 

Courts abolished, 32, 107, 108. 

Court of appeals, 33, 34, 35, 106, 108, 
109, 110, 113. 

Court, supreme, 32, 33, 105-110, 113. 

Court of sessions, abolished except in 
New York county, 31, 111. 

Courts of special sessions, 35, 113. 

Courts, inferior local, may be estab- 
lished by legislature, 34, 35, 112. 



INDEX. 



135 



Credit or money of state, not to be 

loaned, 117. 
Criminal proceedings, 38, 39, 40. 

Dairy commissioner, 26. 

Damages, 58, 64, 89. 

Debate, legislative freedom of, secured, 

11, 95. 
Debts, 89, 113, 114, 116. 
Debt, 4, 57, 116, 117, 118. 
Decisions, judicial, 113. 
Districts, 9, 54, 55, 91, 92, 93, 94, 129, 

130. 
District attorneys, 43, 55, 120, 121, 

126. 
Districts, judicial, 55, 105, 131, 132. 
Divorce not to be granted without 

judicial proceedings, 87, 88. 
Duration of office, when not fixed by 

law, 121. 

Education compulsory, 83, 84. 

Educational, 3, 65-84, 120. 

Election returns, 50, 51. 

Elections, time of, 9, 47; plurality 
elects, 9; purity of, 59; municipal 
and state separated, 64, 124, 125. 

Electors, 51, 89, 90. 

Engineer, state, and surveyor, 17, 
102. 

Enumeration of inhabitants, when 
taken, 91. 

Escheat to the people, 88. 

Exceptions, 41. 

Executive power vested in the gov- 
ernor, 13, 14, 15, 99. 

Feudal tenures abolished, 88. 

Financial, 4. 

Fines, 86, 88. 

Fisheries, Commission of, 27, 28. 

Forest preserve, 29, 115. 

Forests, Commission of, 28, 29. 

Freedom, debate in legislature se- 
cured, 11, 95; speech, religion, and 
press secured, 6, 86, 87. 

Free passes, 57, 58, 64, 126. 

Funds, no money paid from, without 
appropriation, 114. 



Gambling, 56, 64, 87, 88. 
Gauging, office for, abolished, 104. 
Governor, 13, 14, 15, 99, 100, 101, 102, 

103, 104, 122, 123, 124. 
Grants and leases, 88, 89. 

Habeas corpus, 6, 39; not to be sus- 
pended, except, etc., 86. 

Hamilton county, to elect members 
with Fulton, 55, 92; may be abol- 
ished, 92. 

Highway commissioners, 46. 

Highways and bridges, 53, 96. 

Historical, 4, 61, 62, 63. 

Impeachment, 100, 110. 

Indians, 82, 88. 

Indictment, not to be tried without, 
38, 39, 87, 90. 

Infamous crime, trial for, 38, 39, 87, 
90. 

Individual rights, 6, 86, 87. 

Industrial training in schools author- 
ized, 82. 

Inferior local courts may be estab- 
lished, 35, 36, 112. 

Inspections, all offices for, abolished, 
and not to be created, 104. 

Inspectors of state prisons abolished, 
104. 

Interest, regulating rate of, 59, 96; 
days of grace, 59. 

Invasions, debt for, 113. 

Jeopardy, not to be put twice in, for 
same offence, 87. 

Journals of each house to be kept and 
published, except, etc., 95. 

Judges, 31, 32, 33, 34, 35, 105, 106, 107, 
108, 109, 110, 111, 112, 113. 

Judicial decisions, free for publica- 
tion, 113; officers, except justices of 
the peace, not to receive fees, 113; 
legislature to direct time and man- 
ner of appointment of officers, 105 ; 
officers may not serve after seventy 
years of age, 109. 

Judicial proceedings, 36, 37, 38, 39, 40, 
41. See also Judges. 



136 



INDEX. 



Jurors, drawing, etc., 36, 96. 

Jury, petit or grand, 37, 38, 39, 40, 

87, 96. 
Justices, 30, 31, 45, 112, 113. 
Justice's court, 30, 31. 

Kindergartens, free, may be estab- 
lished, 81. 
King of Great Britain, grants of land 

by, 89. 

Labor statistics, bureau of, 25, 26. 

Labor, prison, 57, 64, 98, 99. 

Law and equity, general court of, 105. 

Land, 88; office, commissioners of, 
104; purchases from Indians void, 
unless, etc., 88. 

Laws, 95, 96, 114. See also Bills. 

Legislature, 9, 10, 11; compensation 
of members of, 10, 94; each house 
not to adjourn without consent, 95 ; 
each house to choose its own officers, 
11, 95; each house to determine its 
own rules, 11, 95; each house to 
judge of elections, 11, 95; each 
house to keep a journal, 11, 95 ; each 
house to keep open doors, 11, 95; 
extra session of, how called, 99; free- 
dom of debate in, 11, 95 ; legislative 
term, 10, 121 ; majority constitutes a 
quorum, 95 ; may authorize pardons, 
etc., 100; may change mode of 
choosing officers, 123; may confer 
powers of local legislation, 98 ; mem- 
bers not to receive civil appoint- 
ments, 11, 95 ; not to audit or allow 
a private claim, 97; not to grant 
extra compensation to public offi- 
cers, 98 ; not to pass private or local 
bills in certain cases, 97 ; to create 
corporations by general laws, 116; 
to declare what constitutes vacancy, 
121 ; to direct as to appointment of 
judicial officers, 111, 112; to elect 
governor and lieutenant-governor in 
certain cases, 99; to fix time for 
electing militia officers, 123 ; to pass 
general laws, 97 ; to provide for fill- 
ing vacancies in office, 121 ; to pro- 



vide for organization of cities and 
villages, 123 ; to provide for publica- 
tion of all statutes, 113 ; to provide 
removal of officers, 122; to restrict 
the powers of cities and villages, 
123; vote on removal of certain 
judicial officers, how taken, 109; 
vote to be entered on journals, 109; 
what constitutes, 9, 91 ; when elected, 
95 ; when to assemble, 13, 121 ; who 
is ineligible to, 95. 

Liability of corporations and stock- 
holders, 116, 117. 

Libel, law and facts to be determined 
by the jury, 87. 

Libraries, school, 80. 

Lieutenant-governor, 13, 15, 16, 99, 100, 
101, 104. 

Life and liberty, not to be deprived of, 
without, etc., 87. 

Limit of age of judges, 30, 109 ; com- 
pensation of, 109, 110. 

Limitation of claims against state, 
115. 

Literature fund inviolate, and reve- 
nues, how applied, 120. 

Local bills, subject to be expressed in 
title, 96; prohibitions, 96, 97; legis- 
lation, may be conferred on super- 
visors, 98. 

Lotteries prohibited, 87, 88. 

Lunacy, commissioner in, 30; state 
commission in, 119, 120. 

Majority of each house, 11, 95. 
Measures and weights, standard of, 

how supplied, 104. 
Measuring, office for, abolished, and 

not to be created, 104. 
Message, governor to communicate by, 

14, 99, 101. 
Militia, 51, 52,; naval and land, 65; 

organization, etc., 99, 122, 123. 
Money, 113, 114. 
Municipal corporations, 116, 117. 

Names, change of, 96. 
New York county courts of sessions 
continued, 31. 



INDEX. 



137 



Oath of office, form of, 58, 125; no 

other test required, 125. 
Officers, 16, 102, 120, 121, 122. 
Oyer and terminer abolished, 32, 107, 

108. 

Pardons and commutations, etc., 100. 

Perjury, 59. 

Personal liability of stockholders and 
corporations, etc., 117. 

Petition, right of, not to be abridged, 
87, 88. 

Physiology and hygiene, to be taught 
in schools, 81. 

Political importance, 3 ; year, when to 
begin, 10, 121 ; rights and duties, 60, 
61. 

Pool-selling prohibited, 56, 88. 

Poor, the, 53, 51. 

President of the Senate, 15 ; lieutenant- 
governor, casting vote, etc., 100. 

Prison labor, 57, 64, 98, 99. 

Prisons, superintendent of, 13, 103, 
104. 

Private or local bills, 87, 96. 

Prohibitions, 56, 57, 58, 59, 64, 87, 94, 
95, 96, 97, 109, 115, 120, 126. 

Property, 87, 88. 

Public money or property taken for 
local or private purposes requires 
two-thirds, 97 ; not to be paid with- 
out appropriation within two years, 
97. 

Public instruction, appeals to superin- 
tendent of, 71. 

Public schools, 52, 53; drawing and 
vocal music may be taught in, 81. 

Public works, superintendent, appoint- 
ment of, 102, 103. 

Punishment, cruel or unusual, not to 
be inflicted, 86. 

Qualifications of electors, 7, 8, 89, 90, 

91. 
Quarantine, commissioners of, 24, 25. 
Quarter sales to be void, 88. 
Question on bill to borrow money, how 

put, 114. 
Quorum, majority of each house, 11, 



95, 98 ; what to constitute, in court 
of appeals, 108 ; in appellate division 
of supreme court, 105. 

Regents, the, 65, 66 t 67, 68, 69. 

Railroad commissioners, 19, 20. 

Railroad tracks, granting right to lay, 
96. 

Register and other officers in New 
York and Kings counties, 120, 121. 

Registry, boards of, 8, 91. 

Religion, freedom in, secured, 86. 

Removal of officers, other than judicial, 
local, or legislative, 122. 

Removal of judges, 109. 

Rent and services, certain, saved and 
protected, 88. 

Reporter of court of appeals to be ap- 
pointed by court, 108; of supreme 
court to be appointed, 106. 

Reports of decisions to be published, 
113. 

Reprieves and pardons for offences, 
100. 

Residence, of electors, 7, 90; of per- 
sons eligible to the office of governor, 
14, 99. 

Resolutions, certain, law of the state, 
88, 89. 

Revenues of canals, 115. 

Roads, laying out of, etc., 96. 

Rules, each house to determine its own, 
11, 95 ; of supreme court, 106. 

Sailors may vote, 7, 89. 

Salaries of state officers, 85. 

Salt springs and lands contiguous, may 
be sold, prohibition of Art. VII., 
Sec. 7 of old constitution removed. 

Savings banks, 116. 

Schools, sectarian, 53, 65, 120. 

School commissioners, 69, 72, 73, 74. 

School district, 47, 74. 

Schools for colored children, orphans, 
Indians, the deaf, dumb, and blind, 
authorized, 82, 83. 

School fund, capital inviolate, and 
revenues, how applied, 120; appor- 
tionment of, 69, 70. 



138 



INDEX. 



School libraries, 80. 

School trustees, 74, 75, 76. 

Secrecy of legislative proceedings, 
when allowed, 95. 

Secretary of state, 16, 102. 

Senate, how constituted, 9, 10, 91, 92 ; 
accepting U. S. office vacates seat in, 
10, 94, 95; qualifications, powers, 
restrictions, etc., 95,96, 97, 98, 99; 
compensation, 94; districts, 9, 10, 
64, 91, 92, 129, 130; extra session 
may be convened, 99; freedom of 
debate secured, 95 ; majority, 95, 96. 

Senate, may remove militia officers on 
recommendation of governor, 123; 
general rules to govern, 95, 96, 97, 
98, 110. 

Sheriffs, 43, 120, 121. 

Sinking fund, 114. 

Soldiers may vote, 89. 

Speaker of the Assembly, 16, 104. 

Specie payments of banks, 117 ; of bank 
bills to be secured, 117. 

Speech, freedom of, secured, 6, 87. 

State engineer and surveyor, 17. 

State scholarships, 71, 72. 

State, a, defined, 42; claims, against 
the, not to be audited or allowed, 
115; inspector of prisons abolished, 
103, 104; may create a $1,000,000 
debt, 113 ; not to loan its money or 
credit, 113. 

State Board of Charities, 118, 119, 120. 

State Commission in Lunacy, 119, 120. 

Statutes, 88, 89, 96, 113. 

Street railroads, 96. 

Struck jury, a, 41. 

Suffrage, 7, 8, 9, 77, 89, 90, 91. 

Superintendent of public instruction, 
68-83; of prisons, 17, 18, 103, 104; of 
public works, 17, 102, 103; of insur- 
ance, 18 ; of banking, 18 ; of the 
poor, 45. 

Supervisors, 44, 46, 78, 79 ; of counties, 
to make Assembly districts, 44; 
board of, in each county, 44, 98; 
boards of, may have power of local 
legislation, 44 ; supervisors of towns, 
78, 79, 



Supreme court, 32, 33, 105, 106, 107, 
108, 109, 110, 112, 113. 

Supply bill, 12, 13, 97. 

Surrogate, county judge, to act as, 31, 
111; courts of record may perform 
duties of, in certain cases, 111 ; elec- 
tion of, may be provided for, 111, 
112; term of office, 111. 

Surrogate's court, how relieved in 
certain cases, 111. 

Surveyor, state, and engineer, 102. 

Swamps, draining of, 87. 

Taxation, cities and villages to be 
restricted in power of, 117. 

Tax, 98, 116. 

Taxes, 55, 56, 75, 76, 77, 117, 118. 

Teachers' certificates, 68, 69, 73 ; insti- 
tutes, 70 ; training classes, 71. 

Testimony in equity cases, how taken, 
106. 

Text-books for schools, 81. 

Title of bills, local and private, 96. 

Town, 45, 46, 117, 118 ; officers to be 
elected or appointed, 45, 46; clerk, 
46, 80. 

Travel of members of the legislature, 
compensation for, 10, 94. 

Treason, 100. 

Treasurer, 17, 104. 

Treasury, no money to be paid from, 
without appropriation, 97. 

Trial by jury, 37, 38, 39, 40, 41, 86. 

Two-thirds of all elected to legisla- 
ture to pass certain bills, 97 ; to pass 
bill returned by governor, 101 ; of 
all present to change mode of elect- 
ing militia officers, etc., 123. 

Union free schools, 76, 77. 

United States, deposit fund, 120 ; offi- 
cers, judicial or military, not to 
hold seat in legislature, 10, 11, 94, 
95. 

University of State of New York, 65, 
66, 67, 68, 69. 

Vacancy in office of treasurer, 104 : 
judge of court of appeals, 108; 



INDEX. 



139 



justice of supreme court, 106, 107; 
legislature to declare what consti- 
tutes, 122 ; provide for filling, 121 ; 
sheriffs, etc., how filled until next 
political year, 120, 121. 

Venue, change of, 96. 

Veto of the governor, 101. 

Village and city superintendents of 
schools, 78. 

Villages, 47, 48, 96, 117, 118, 121, 
123. 

Voters, qualifications, 7, 8, 64, 89, 90, 
91. 



Votes, certain, for members of the 
legislature, void, 94, 95 ; for judges, 
109; when two-thirds are required 
in legislature, 97, 101, 123. 

Weighing, all officers for, abolished, 

104. 
Weights and measures, standard of, 

how supplied, 104. 
Witnesses, 37, 39, 86, 87, 126. 

Year, political, and legislative term, 

10, 121. 
Yeas and nays ; see Ayes and noes. 



